The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 221 Power of Central Government to establish fund for excess claim.
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.
Section 222 Power to make rules.
(1) The Central Government may make rules to carry out the provisions of this Chapter.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) subsidiary or commonly controlled entity or person under clause (a) of sub-section (1) of section 212;
(b) the mode and manner of conversion of Special Drawing Rights to rupees under sub-section (4) of section 216;
(c) the source of fund and manner of disbursement of compensation from fund established under section 221;
(d) any other matter which is required to be or may be prescribed.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) subsidiary or commonly controlled entity or person under clause (a) of sub-section (1) of section 212;
(b) the mode and manner of conversion of Special Drawing Rights to rupees under sub-section (4) of section 216;
(c) the source of fund and manner of disbursement of compensation from fund established under section 221;
(d) any other matter which is required to be or may be prescribed.
Section 223 Application of this Part.
This Part shall apply to marine incidents occurring directly or in connection with the operations of,---
(a) Indian vessels; and
(b) vessels other than Indian vessels which enter a port or offshore terminal or place in India or within her coastal waters.
(a) Indian vessels; and
(b) vessels other than Indian vessels which enter a port or offshore terminal or place in India or within her coastal waters.
Section 224 Definitions.
In this Part, unless the context otherwise requires,---
(a) "marine incident" means an event, or sequence of events, occurring directly in connection with the operation of a vessel that endangers, or if not corrected, would endanger the safety of the vessel, its occupants or any other person or the environment and includes marine violation, marine casualty, marine disaster, cyclones, storms or other adverse weather events, very serious marine casualty and such other event or sequence of events as may be notified by the Central Government;
(b) "maritime emergency response" means a speedy action undertaken in response to a marine incident to ensure minimum damage to the vessel, passengers, seafarers, cargo and the marine environment by mitigating, containing, restoring and providing relief against such marine incident.
(a) "marine incident" means an event, or sequence of events, occurring directly in connection with the operation of a vessel that endangers, or if not corrected, would endanger the safety of the vessel, its occupants or any other person or the environment and includes marine violation, marine casualty, marine disaster, cyclones, storms or other adverse weather events, very serious marine casualty and such other event or sequence of events as may be notified by the Central Government;
(b) "maritime emergency response" means a speedy action undertaken in response to a marine incident to ensure minimum damage to the vessel, passengers, seafarers, cargo and the marine environment by mitigating, containing, restoring and providing relief against such marine incident.
Section 225 Appointment of nodal authority for marine incidents.
(1) The Central Government shall, by notification, appoint one or more nodal authorities who shall administer and supervise the marine incidents and the corresponding maritime emergency response.
(2) The nodal authority shall discharge its duties under the supervision and control of the Central Government.
(2) The nodal authority shall discharge its duties under the supervision and control of the Central Government.
Section 226 Primary response party.
(1) The ship owner or master, seafarers of the concerned vessel and such other persons as may be notified by the Central Government shall be the primary response party responsible for engaging in maritime emergency response.
(2) The primary response party shall comply with all directions, advisories or instructions issued by the concerned nodal authority for the respective class of marine incidents.
(2) The primary response party shall comply with all directions, advisories or instructions issued by the concerned nodal authority for the respective class of marine incidents.
Section 227 Plans and procedures for response mechanisms.
The Central Government shall notify plans for prevention of marine incidents and procedures for maritime emergency responses.
Section 228 Powers of nodal authority.
(1) Notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the nodal authority to issue directions in writing, consistent with the objectives of this Part, to the administrative bodies under the Central Government and the State Governments.
(2) The nodal authority may requisition the services of any officer of the Central Government or the State Government or any police officer or any other authority or body to assist for the purposes of this Part and it shall be the duty of every such officer or authority or body to comply with such requisition.
(3) The nodal authority may requisition the resources and pollution prevention equipment available with any of the offices of the Central Government or the State Government or other offices or organisations to assist for the purposes of this Part and it shall be the duty of such offices or organisations to comply with such requisition.
(4) The circumstances under which the nodal authority shall carry out maritime emergency response to a marine incident shall be such as may be prescribed.
(2) The nodal authority may requisition the services of any officer of the Central Government or the State Government or any police officer or any other authority or body to assist for the purposes of this Part and it shall be the duty of every such officer or authority or body to comply with such requisition.
(3) The nodal authority may requisition the resources and pollution prevention equipment available with any of the offices of the Central Government or the State Government or other offices or organisations to assist for the purposes of this Part and it shall be the duty of such offices or organisations to comply with such requisition.
(4) The circumstances under which the nodal authority shall carry out maritime emergency response to a marine incident shall be such as may be prescribed.
Section 229 Maintenance of compulsory insurance or other financial security.
Every registered owner of an Indian vessel or any other vessels which enter a port, shipyard or offshore terminal or place in India or within coastal waters shall, for the purpose of covering his liability under this Part, maintain adequate insurance coverage or such other financial security as may be prescribed, and carry onboard a certificate or document showing compliance with such requirement.
Section 230 Power to make rules.
(1) The Central Government may make rules to carry out the provisions of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the circumstances under which the nodal authority shall carry out maritime emergency response to a marine incident under sub-section (4) of section 228;
(b) adequate insurance coverage or other financial security under section 229;
(c) any other matter which is required to be or may be prescribed.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the circumstances under which the nodal authority shall carry out maritime emergency response to a marine incident under sub-section (4) of section 228;
(b) adequate insurance coverage or other financial security under section 229;
(c) any other matter which is required to be or may be prescribed.
Section 231 Marine casualties and report thereof.
(1) For the purposes of investigation and inquiries under this Part, a marine casualty shall be deemed to be an event or sequences of events that has resulted in any of the following and has occurred directly or in connection with the operations of Indian vessels and any other vessels, when---
(a) on or near the coast of India, any vessel is lost, abandoned, stranded or materially damaged;
(b) on or near the coast of India, any vessel causes loss or material damage to any other vessel or to external infrastructure;
(c) any loss of life or presumed loss of life ensues by reason of any casualty happening or otherwise, onboard any vessel, on or near the coast of India or its coastal waters;
(d) in any place, any such loss, abandonment, stranding, material damage or casualty occurs to or onboard any Indian vessel and any competent witness thereof is found in India;
(e) any Indian vessel is lost or is supposed to have been lost, and any evidence is obtainable in India as to the circumstances under which such vessel proceeded to sea or was last heard of;
(f) in any place within the coastal waters, pollution, or the potential threat of such pollution to the environment, or severe damage to the environment, or the potential to severe damage to the environment is caused by a vessel;
(g) a fire or explosion takes place on any Indian vessel anywhere in the world, or a fire or explosion takes place on a vessel other than an Indian vessel, while such vessel is on or near the coast of India or its coastal waters.
(2) In the cases mentioned in sub-section (1), the ship owner, manager, operator, company, pilot, harbour master, master, or other person in charge of the vessel or where two vessels are concerned, in charge of each vessel at the time of the marine casualty shall, within twenty-four hours of the occurrence, give notice of the marine casualty to the officer appointed in this behalf by the Central Government.
(3) Wherever any such officer receives notice of the marine casualty under sub-section (2), he shall forthwith inform in writing to the Central Government and proceed to make preliminary inquiry into the marine casualty.
(4) The officer referred to in sub-section (3) shall, on completion of preliminary inquiry, furnish the report to the Central Government or other authority as may be appointed by it in this behalf.
(5) The Central Government may, for the purposes of the investigation, appoint a body to conduct marine safety investigation in accordance with the Safety Convention.
(6) The body appointed under sub-section (5) shall make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining the causes and circumstances of such marine casualty and submit its report to the Central Government.
Explanation.---For the purposes of this Part, "company" shall have the same meaning as assigned to it in clause (a) of section 115.
(a) on or near the coast of India, any vessel is lost, abandoned, stranded or materially damaged;
(b) on or near the coast of India, any vessel causes loss or material damage to any other vessel or to external infrastructure;
(c) any loss of life or presumed loss of life ensues by reason of any casualty happening or otherwise, onboard any vessel, on or near the coast of India or its coastal waters;
(d) in any place, any such loss, abandonment, stranding, material damage or casualty occurs to or onboard any Indian vessel and any competent witness thereof is found in India;
(e) any Indian vessel is lost or is supposed to have been lost, and any evidence is obtainable in India as to the circumstances under which such vessel proceeded to sea or was last heard of;
(f) in any place within the coastal waters, pollution, or the potential threat of such pollution to the environment, or severe damage to the environment, or the potential to severe damage to the environment is caused by a vessel;
(g) a fire or explosion takes place on any Indian vessel anywhere in the world, or a fire or explosion takes place on a vessel other than an Indian vessel, while such vessel is on or near the coast of India or its coastal waters.
(2) In the cases mentioned in sub-section (1), the ship owner, manager, operator, company, pilot, harbour master, master, or other person in charge of the vessel or where two vessels are concerned, in charge of each vessel at the time of the marine casualty shall, within twenty-four hours of the occurrence, give notice of the marine casualty to the officer appointed in this behalf by the Central Government.
(3) Wherever any such officer receives notice of the marine casualty under sub-section (2), he shall forthwith inform in writing to the Central Government and proceed to make preliminary inquiry into the marine casualty.
(4) The officer referred to in sub-section (3) shall, on completion of preliminary inquiry, furnish the report to the Central Government or other authority as may be appointed by it in this behalf.
(5) The Central Government may, for the purposes of the investigation, appoint a body to conduct marine safety investigation in accordance with the Safety Convention.
(6) The body appointed under sub-section (5) shall make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining the causes and circumstances of such marine casualty and submit its report to the Central Government.
Explanation.---For the purposes of this Part, "company" shall have the same meaning as assigned to it in clause (a) of section 115.
Section 232 Power of Central Government to initiate proceedings.
On receipt of the marine safety investigation report under sub-section (6) of section 231, or if the Central Government is of the opinion that prima facie, there exists incompetency, misconduct or violation of any law for the time being in force on the part of any person, it may---
(a) initiate administrative action; and
(b) direct such officer or other authority having jurisdiction over the area to initiate proceedings against such person as may be required in accordance with such law.
(a) initiate administrative action; and
(b) direct such officer or other authority having jurisdiction over the area to initiate proceedings against such person as may be required in accordance with such law.
Section 233 Application of this Chapter.
This Chapter shall apply to the wrecks located within the territory of India including the coastal waters but shall not apply to,---
(a) any measures taken under the International Convention relating to the Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969;
(b) any warship or other vessel owned or operated by the Government for non-commercial service.
(a) any measures taken under the International Convention relating to the Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969;
(b) any warship or other vessel owned or operated by the Government for non-commercial service.
Section 234 Definitions.
In this Chapter, unless the context otherwise requires,---
(a) "authority" means the Central Government or any person authorised by it;
(b) "Convention" means the Nairobi Convention on the Removal of Wrecks, 2007;
(c) "hazard" means any condition or threat, that---
(i) poses a danger or impediment to navigation; or
(ii) may reasonably be expected to result in major harmful consequences to the marine environment or damage to the coastline or related interests of India or any other State.
Explanation.---For the purposes of this clause, "related interest" means---
(i) maritime coastal, port and estuarine activities including fisheries activities, constituting essential means of livelihood of the persons concerned;
(ii) tourist attractions and other economic interests of the areas concerned;
(iii) the health of the coastal population and the well-being of the area concerned, including conservation of marine living resources and of wildlife; and
(iv) offshore and underwater infrastructure;
(d) "maritime casualty" means a collision of ships, stranding or other incident of navigation or other occurrence onboard a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;
(e) "operator of ship" means the ship owner or any other organisation or person such as the manager or the bareboat charterer, who has assumed the responsibility for operation of the ship from the ship owner and has agreed to take over the duties and responsibilities enshrined under the International Safety Management Code;
(f) "receiver of wreck" means a person appointed as such under sub-section (1) of section 235;
(g) "registered owner" means,---
(i) the person registered as the owner of the ship or in the absence of registration, the person owning the ship at the time of the maritime casualty;
(ii) in the case of a ship owned by a State and operated by a company which in that State is registered as the operator of the ship;
(h) "removal" means any form of prevention, mitigation or elimination of the hazard created by a wreck and the expressions "remove", "removed" or "removing", shall be construed accordingly;
(i) "ship" means a sea-going vessel of any type whatsoever and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources.
(a) "authority" means the Central Government or any person authorised by it;
(b) "Convention" means the Nairobi Convention on the Removal of Wrecks, 2007;
(c) "hazard" means any condition or threat, that---
(i) poses a danger or impediment to navigation; or
(ii) may reasonably be expected to result in major harmful consequences to the marine environment or damage to the coastline or related interests of India or any other State.
Explanation.---For the purposes of this clause, "related interest" means---
(i) maritime coastal, port and estuarine activities including fisheries activities, constituting essential means of livelihood of the persons concerned;
(ii) tourist attractions and other economic interests of the areas concerned;
(iii) the health of the coastal population and the well-being of the area concerned, including conservation of marine living resources and of wildlife; and
(iv) offshore and underwater infrastructure;
(d) "maritime casualty" means a collision of ships, stranding or other incident of navigation or other occurrence onboard a ship or external to it, resulting in material damage or imminent threat of material damage to a ship or its cargo;
(e) "operator of ship" means the ship owner or any other organisation or person such as the manager or the bareboat charterer, who has assumed the responsibility for operation of the ship from the ship owner and has agreed to take over the duties and responsibilities enshrined under the International Safety Management Code;
(f) "receiver of wreck" means a person appointed as such under sub-section (1) of section 235;
(g) "registered owner" means,---
(i) the person registered as the owner of the ship or in the absence of registration, the person owning the ship at the time of the maritime casualty;
(ii) in the case of a ship owned by a State and operated by a company which in that State is registered as the operator of the ship;
(h) "removal" means any form of prevention, mitigation or elimination of the hazard created by a wreck and the expressions "remove", "removed" or "removing", shall be construed accordingly;
(i) "ship" means a sea-going vessel of any type whatsoever and includes hydrofoil boats, aircushion vehicles, submersibles, floating craft and floating platforms, except when such platforms are on location engaged in the exploration, exploitation or production of seabed mineral resources.
Section 235 Receiver of wreck.
(1) The Central Government may, by notification, appoint any person to be a receiver of wreck who shall receive and take possession of wreck and perform his duties under this Chapter, within such local limits as may be specified in that notification.
(2) The duties of a receiver of wreck shall include disposal or sale of the wreck, giving of notices, enforcing performance of obligations by ship owner, operator or insurer of the ship, and to take such action as required to remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of maritime environment.
(2) The duties of a receiver of wreck shall include disposal or sale of the wreck, giving of notices, enforcing performance of obligations by ship owner, operator or insurer of the ship, and to take such action as required to remove the wreck by the most practical and expeditious means available, consistent with considerations of safety and protection of maritime environment.
Section 236 Duty to report wrecks.
(1) When any Indian vessel or any ship other than an Indian vessel, is involved in a maritime casualty resulting in a wreck in any area to which this Chapter applies, the master or ship owner or the operator of the ship shall, without any delay report such incident to the Director-General and the Maritime Rescue Coordination Centre or the Maritime Rescue Sub-Centre of Indian Coast Guard.
(2) When any Indian vessel is involved in a maritime casualty resulting in a wreck in a convention area of any State, the master and the operator of that ship shall, without any delay, report such incident to the affected State in such manner as may be required by that State and shall also report such incident to the Director-General and the Maritime Rescue Coordination Centre or the Maritime Rescue Sub-Centre of Indian Coast Guard.
Explanation.---For the purposes of this sub-section,---
(i) "affected State" means the country in whose convention area the wreck is located;
(ii) "convention area" means the Exclusive Economic Zone of a State party established in accordance with international law or, if a State party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than two hundred nautical miles from the baseline from which the breadth of its territorial sea is measured.
(2) When any Indian vessel is involved in a maritime casualty resulting in a wreck in a convention area of any State, the master and the operator of that ship shall, without any delay, report such incident to the affected State in such manner as may be required by that State and shall also report such incident to the Director-General and the Maritime Rescue Coordination Centre or the Maritime Rescue Sub-Centre of Indian Coast Guard.
Explanation.---For the purposes of this sub-section,---
(i) "affected State" means the country in whose convention area the wreck is located;
(ii) "convention area" means the Exclusive Economic Zone of a State party established in accordance with international law or, if a State party has not established such a zone, an area beyond and adjacent to the territorial sea of that State determined by that State in accordance with international law and extending not more than two hundred nautical miles from the baseline from which the breadth of its territorial sea is measured.
Section 237 Determination of hazard.
The Central Government shall determine whether a wreck constitute a hazard or not, based on the following criteria, namely:---
(a) the type, size and construction of the wreck;
(b) the depth of water in the area;
(c) the tidal range and currents in the area;
(d) the proximity to protected areas including coral reefs and other areas as may be notified by the Central Government;
(e) the sensitive sea areas identified as appropriate and designated in accordance with guidelines adopted by the International Maritime Organisation, or a clearly defined area of the Exclusive Economic Zone where special mandatory measures are adopted in accordance with requirements of the United Nations Convention on the Law of the Sea, 1982;
(f) the proximity of shipping routes or established traffic lanes;
(g) the traffic density and frequency;
(h) the type of traffic;
(i) the nature and quantity of the wreck's cargo, the amount and types of oil (such as bunker oil and lubricating oil) onboard the wreck and in particular, the damage likely to result if the cargo or oil is released into the marine environment;
(j) the vulnerability of port and port facilities;
(k) the prevailing meteorological and hydrographical conditions;
(l) the submarine topography of the area;
(m) the height of the wreck above or below the surface of the water at lowest astronomical tide;
(n) the acoustic and magnetic profiles of the wreck;
(o) the proximity of offshore installations, pipelines, telecommunication cables and similar structures;
(p) the proximity of tourist spots and heritage locations; and
(q) any other criteria as may be prescribed.
(a) the type, size and construction of the wreck;
(b) the depth of water in the area;
(c) the tidal range and currents in the area;
(d) the proximity to protected areas including coral reefs and other areas as may be notified by the Central Government;
(e) the sensitive sea areas identified as appropriate and designated in accordance with guidelines adopted by the International Maritime Organisation, or a clearly defined area of the Exclusive Economic Zone where special mandatory measures are adopted in accordance with requirements of the United Nations Convention on the Law of the Sea, 1982;
(f) the proximity of shipping routes or established traffic lanes;
(g) the traffic density and frequency;
(h) the type of traffic;
(i) the nature and quantity of the wreck's cargo, the amount and types of oil (such as bunker oil and lubricating oil) onboard the wreck and in particular, the damage likely to result if the cargo or oil is released into the marine environment;
(j) the vulnerability of port and port facilities;
(k) the prevailing meteorological and hydrographical conditions;
(l) the submarine topography of the area;
(m) the height of the wreck above or below the surface of the water at lowest astronomical tide;
(n) the acoustic and magnetic profiles of the wreck;
(o) the proximity of offshore installations, pipelines, telecommunication cables and similar structures;
(p) the proximity of tourist spots and heritage locations; and
(q) any other criteria as may be prescribed.
Section 238 Locating and marking of wrecks.
(1) When a wreck is determined to be a hazard, it shall be the duty of the ship owner or the operator of such a ship, to---
(a) immediately mark the wreck at his or its own cost in such manner as may be prescribed; and
(b) maintain the marking until the wreck is removed.
(2) The cost for locating and marking the ship shall be borne by or recovered from the ship owner or the operator of such a ship.
(a) immediately mark the wreck at his or its own cost in such manner as may be prescribed; and
(b) maintain the marking until the wreck is removed.
(2) The cost for locating and marking the ship shall be borne by or recovered from the ship owner or the operator of such a ship.
Section 239 Power to pass over adjoining lands.
(1) Whenever a ship is wrecked, stranded or in distress, all persons may, for the purpose of rendering assistance to the ship or of saving the lives of the shipwrecked persons, or of saving the cargo or equipment of the ship, unless there is some public road equally convenient, pass and repass, either with or without vehicles or animals, over any adjoining lands without being subject to interruption by the owner or occupier of the land, so that they do as little damage as possible and may also on the like condition, deposit on these lands any cargo or other article recovered from the ship.
(2) Any damage sustained by an owner or occupier as a consequence of the exercise of the rights under this section shall be a charge on the ship, cargo or articles in respect of or by which the damage 85 is sustained and in case of dispute, the amount payable in respect of such damage shall be determined by a Magistrate on an application made to him in this behalf.
(2) Any damage sustained by an owner or occupier as a consequence of the exercise of the rights under this section shall be a charge on the ship, cargo or articles in respect of or by which the damage 85 is sustained and in case of dispute, the amount payable in respect of such damage shall be determined by a Magistrate on an application made to him in this behalf.
Section 240 Prohibition of certain acts in respect of wreck.
No person shall,---
(a) without the leave of the master, board or attempt to board any ship which is wrecked, stranded or in distress, unless the person acts by command of the Central Government; or
(b) impede or hinder or attempt in any way to impede or hinder the saving of any ship stranded or in danger of being stranded or otherwise in distress in any area to which this Chapter applies or of any part of the cargo or equipment of the ship, or of any wreck; or
(c) release any wreck or deface or obliterate any marks thereon; or
(d) wrongfully carry away or remove any part of a ship stranded or in danger of being stranded or otherwise in distress or any part of the cargo or equipment of the ship or any wreck, in any area to which this Chapter applies.
(a) without the leave of the master, board or attempt to board any ship which is wrecked, stranded or in distress, unless the person acts by command of the Central Government; or
(b) impede or hinder or attempt in any way to impede or hinder the saving of any ship stranded or in danger of being stranded or otherwise in distress in any area to which this Chapter applies or of any part of the cargo or equipment of the ship, or of any wreck; or
(c) release any wreck or deface or obliterate any marks thereon; or
(d) wrongfully carry away or remove any part of a ship stranded or in danger of being stranded or otherwise in distress or any part of the cargo or equipment of the ship or any wreck, in any area to which this Chapter applies.