The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 261 Application of this Part.
Save as otherwise provided, nothing contained in this Act, except the provisions of this Part, Part I, Part II, Part III, Part XI and Part XIV, shall apply to vessels of the following description, namely:---
(a) sailing vessel;
(b) fishing vessel;
(c) vessel whose net tonnage is less than fifteen and is engaged solely in the coasting trade of India:
Provided that the Central Government may, by notification, direct that any other provisions of this Act shall also apply to such vessels subject to such conditions, exceptions and modifications as may be specified in that notification.
Explanation.---For the purposes of this section, "coasting trade of India" means,---
(i) the carriage by sea of goods or passengers or both from any port or place in India to any other port or place in India; or
(ii) performing any service within the waters in the jurisdiction of India, including any part of the adjoining maritime zones of India within the meaning of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in force or any port or place, including inland ports, as the Central Government may, by notification, specify in this behalf.
(a) sailing vessel;
(b) fishing vessel;
(c) vessel whose net tonnage is less than fifteen and is engaged solely in the coasting trade of India:
Provided that the Central Government may, by notification, direct that any other provisions of this Act shall also apply to such vessels subject to such conditions, exceptions and modifications as may be specified in that notification.
Explanation.---For the purposes of this section, "coasting trade of India" means,---
(i) the carriage by sea of goods or passengers or both from any port or place in India to any other port or place in India; or
(ii) performing any service within the waters in the jurisdiction of India, including any part of the adjoining maritime zones of India within the meaning of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in force or any port or place, including inland ports, as the Central Government may, by notification, specify in this behalf.
Section 262 Definitions.
In this Part, unless the context otherwise requires,---
(a) "C-188 Convention" means the C-188-Work in Fishing Convention adopted by the International Labour Conference of the International Labour Organisation and signed in Geneva on the 14th day of June, 2007;
(b) "Indian fishing vessel" means a fishing vessel registered as an Indian vessel under section 15;
(c) "skipper" means the person having the command of a fishing vessel;
(d) "Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention" means International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995, signed in London on the 7th day of July, 1995.
(a) "C-188 Convention" means the C-188-Work in Fishing Convention adopted by the International Labour Conference of the International Labour Organisation and signed in Geneva on the 14th day of June, 2007;
(b) "Indian fishing vessel" means a fishing vessel registered as an Indian vessel under section 15;
(c) "skipper" means the person having the command of a fishing vessel;
(d) "Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention" means International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995, signed in London on the 7th day of July, 1995.
Section 263 Decision of question whether a vessel falls under this Part.
(1) If any question arises as to whether a vessel falls under this Part, it shall be decided by the Director-General and his decision thereon shall be final.
(2) Where the question under sub-section (1) relate to a fishing vessel, the decision shall be made in such manner as may be prescribed.
(2) Where the question under sub-section (1) relate to a fishing vessel, the decision shall be made in such manner as may be prescribed.
Section 264 Requirements for safety, security, prevention of pollution and insurance.
(1) Every vessel covered under this Part shall be manned and carry onboard such fittings, material, appliances and apparatus, for safety, security and prevention of pollution, as may be prescribed:
Provided that in case of fishing vessels, such rules shall take into consideration the provisions of such international conventions and standards or parts thereof, as may be deemed necessary by the Central Government, including the Cape Town Agreement and C-188 Convention.
(2) Every owner of a vessel to which this Part applies, shall provide such policy of insurance as may be prescribed, for all persons employed as members of the crew of such vessel, against death or personal injury caused by accident arising in the course of their employment, for an amount which shall not be less than the amount specified by the Central Government.
(3) No vessel shall ply or proceed to sea unless it complies with the provisions of this section.
Explanation.---For the purposes of this section, "Cape Town Agreement" means the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 signed in Cape Town on the 11th day of October, 2012.
Provided that in case of fishing vessels, such rules shall take into consideration the provisions of such international conventions and standards or parts thereof, as may be deemed necessary by the Central Government, including the Cape Town Agreement and C-188 Convention.
(2) Every owner of a vessel to which this Part applies, shall provide such policy of insurance as may be prescribed, for all persons employed as members of the crew of such vessel, against death or personal injury caused by accident arising in the course of their employment, for an amount which shall not be less than the amount specified by the Central Government.
(3) No vessel shall ply or proceed to sea unless it complies with the provisions of this section.
Explanation.---For the purposes of this section, "Cape Town Agreement" means the Cape Town Agreement of 2012 on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 signed in Cape Town on the 11th day of October, 2012.
Section 265 Manning of fishing vessels.
(1) The Central Government may make rules to provide for the following matters, taking into consideration the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention as may be deemed necessary, namely:---
(a) the manning scale of every Indian fishing vessel and different manning scales for different categories of Indian fishing vessels, areas and types of fishing operations;
(b) the grade of certification to be held by every fisher appropriate to his station, serving onboard an Indian fishing vessel.
(2) Subject to such conditions and restrictions as may be prescribed, an Indian national with certificate of competency granted under the law for the time being in force of another State or foreign national with certificate of competency granted under this Act or another State, may serve on an Indian fishing vessel.
(3) Subject to the provisions of the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention, as applicable, every fishing vessel, whether at sea or in any port or place, shall be manned by such number of persons with such qualifications and such other requirements as may be prescribed.
(a) the manning scale of every Indian fishing vessel and different manning scales for different categories of Indian fishing vessels, areas and types of fishing operations;
(b) the grade of certification to be held by every fisher appropriate to his station, serving onboard an Indian fishing vessel.
(2) Subject to such conditions and restrictions as may be prescribed, an Indian national with certificate of competency granted under the law for the time being in force of another State or foreign national with certificate of competency granted under this Act or another State, may serve on an Indian fishing vessel.
(3) Subject to the provisions of the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention, as applicable, every fishing vessel, whether at sea or in any port or place, shall be manned by such number of persons with such qualifications and such other requirements as may be prescribed.
Section 266 Central Government to grant certificate of proficiency.
(1) The Central Government shall, subject to the provisions of the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention, grant certificate of competency or certificate of proficiency for such different grades of fishers with such requirements and in such manner as may be prescribed.
(2) No certificate of competency or certificate of proficiency shall be granted under sub-section (1), unless the fisher fulfils the qualifications and other requirements referred to in sub-section (3) of section 265.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Central Government may grant such other certificate of competency or certificate of proficiency with such requirements and in such manner as may be prescribed.
(4) A certificate of competency or certificate of proficiency shall be granted in such form, on payment of such fee and be valid for such period, as may be prescribed.
(2) No certificate of competency or certificate of proficiency shall be granted under sub-section (1), unless the fisher fulfils the qualifications and other requirements referred to in sub-section (3) of section 265.
(3) Notwithstanding anything contained in sub-sections (1) and (2), the Central Government may grant such other certificate of competency or certificate of proficiency with such requirements and in such manner as may be prescribed.
(4) A certificate of competency or certificate of proficiency shall be granted in such form, on payment of such fee and be valid for such period, as may be prescribed.
Section 267 Training for grant of certificate of competency and certificate of proficiency.
(1) The Director-General shall administer, supervise and monitor all activities relating to training and assessment for the grant of certificate of competency or certificate of proficiency under this Part.
(2) The Director-General shall approve the training institute, training course and method of conduct of such training for the grant of certificate of competency or certificate of proficiency in accordance with such criteria as may be prescribed.
(2) The Director-General shall approve the training institute, training course and method of conduct of such training for the grant of certificate of competency or certificate of proficiency in accordance with such criteria as may be prescribed.
Section 268 Examination for grant of certificate.
(1) The Director-General or a person duly authorised by the Director-General in this behalf shall appoint such person or persons for the purpose of examining the persons desirous of obtaining certificate of competency or certificate of proficiency.
(2) No certificate referred to in sub-section (1) may be granted to any applicant, unless such applicant is duly reported by the examiner to have satisfactorily passed the examination.
3) Subject to the provisions of the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention, the form and manner of conduct of examination for the purposes of grant of certificate of competency or certificate of proficiency and the fee payable therefor, shall be such as may be prescribed.
(2) No certificate referred to in sub-section (1) may be granted to any applicant, unless such applicant is duly reported by the examiner to have satisfactorily passed the examination.
3) Subject to the provisions of the Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel Convention, the form and manner of conduct of examination for the purposes of grant of certificate of competency or certificate of proficiency and the fee payable therefor, shall be such as may be prescribed.
Section 269 Withdrawal, suspension or cancellation of certificate.
Where it appears to the Central Government that a person holding certificate of competency or certificate of proficiency has obtained it on the basis of false or erroneous information, or is guilty of misconduct, or on receipt of any report of incompetency, or any act of omission or commission or compromise to safety, security or prevention of pollution by the person holding such certificate which may threaten or pose a threat to life or property or environment, it may, after due investigation, by order, withdraw, suspend or cancel such certificate:
Provided that no order shall be passed under this section without giving to the holder of such certificate a reasonable opportunity of being heard.
Provided that no order shall be passed under this section without giving to the holder of such certificate a reasonable opportunity of being heard.
Section 270 Production of certificate.
The owner, master, tindal or skipper of every vessel shall, on demand, produce to the proper officer the certificate of competency or certificate of proficiency or any other certificate specified under this Act or the rules made thereunder.
Section 271 Agreements in respect of fishing vessel.
Subject to the provisions of C-188 Convention, as the Central Government may deem necessary,---
(a) the owner or his agent or skipper of an Indian fishing vessel shall enter into an agreement in such form and manner as may be prescribed, with every fisher whom he engages to man the vessel and shall submit a copy thereof to the person or authority as may be notified by the Central Government;
(b) a fisher's right to wages and provisions shall begin either at the time he commences work or at the time specified in the agreement or presence onboard, whichever is earliest;
(c) a fisher engaged under this section shall not,---
(i) by any agreement forfeit his lien on the fishing vessel; or
(ii) be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he shall be entitled; or
(iii) by any agreement abandon his right to wages in case of the loss of the fishing vessel; or
(iv) abandon any right that he may have or obtain in the nature of salvage,
and every agreement inconsistent with the provisions of this Act shall be void.
(a) the owner or his agent or skipper of an Indian fishing vessel shall enter into an agreement in such form and manner as may be prescribed, with every fisher whom he engages to man the vessel and shall submit a copy thereof to the person or authority as may be notified by the Central Government;
(b) a fisher's right to wages and provisions shall begin either at the time he commences work or at the time specified in the agreement or presence onboard, whichever is earliest;
(c) a fisher engaged under this section shall not,---
(i) by any agreement forfeit his lien on the fishing vessel; or
(ii) be deprived of any remedy for the recovery of his wages to which, in the absence of the agreement, he shall be entitled; or
(iii) by any agreement abandon his right to wages in case of the loss of the fishing vessel; or
(iv) abandon any right that he may have or obtain in the nature of salvage,
and every agreement inconsistent with the provisions of this Act shall be void.
Section 272 Fishery data to be furnished by Indian fishing vessels.
The Central Government may, by notification, require every Indian fishing vessel or any specified class of Indian fishing vessels to furnish fishery data to the Registrar in such form and at such periodical intervals as may be specified in that notification.
Section 273 Vessel not to proceed without valid certificates.
(1) No vessel shall ply or proceed to sea unless it is in possession of such certificates granted under this Part in such manner and for such period as may be prescribed.
(2) Every certificate shall be granted in such manner and shall be in force for such period as may be prescribed:
Provided that where a vessel is not at a port at the time of expiry of the certificate, the owner, master, tindal or skipper of that vessel shall notify the Central Government of such expiry, and the certificate shall continue to be valid until her first arrival at the next port after the expiry of such period.
(2) Every certificate shall be granted in such manner and shall be in force for such period as may be prescribed:
Provided that where a vessel is not at a port at the time of expiry of the certificate, the owner, master, tindal or skipper of that vessel shall notify the Central Government of such expiry, and the certificate shall continue to be valid until her first arrival at the next port after the expiry of such period.
Section 274 Power of Central Government to initiate action against non-mechanically propelled vessels.
Where it appears to the Central Government that any non-mechanically propelled vessel does not have valid certificates required under this Act, it may, after giving a reasonable opportunity of being heard to the owner, master or charterer, take appropriate action including suspension or cancellation of registration of such vessel under this Act.
Section 275 Statement relating to crew of vessels to be maintained.
(1) Every owner, master or tindal or skipper of a vessel shall maintain or cause to be maintained a statement of the crew of the vessel containing the following particulars with respect to each member thereof in such form as may be prescribed, namely:---
(a) his name;
(b) the details of the agreement with him under section 271;
(c) the wages payable to him;
(d) the names and addresses of his next-of-kin;
(e) the date of commencement of his employment; and
(f) such other particulars as may be prescribed.
(2) Every change in the crew of the vessel shall be entered in the statement under sub-section (1).
(3) A copy of such statement and of every change entered therein shall be communicated as soon as possible to the shipping master.
(a) his name;
(b) the details of the agreement with him under section 271;
(c) the wages payable to him;
(d) the names and addresses of his next-of-kin;
(e) the date of commencement of his employment; and
(f) such other particulars as may be prescribed.
(2) Every change in the crew of the vessel shall be entered in the statement under sub-section (1).
(3) A copy of such statement and of every change entered therein shall be communicated as soon as possible to the shipping master.
Section 276 Inquiry to jettisoning of cargo.
(1) If any owner, master or tindal or skipper of a vessel in the course of the 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 or place in India, give notice of such jettisoning to the proper officer and such notice shall contain full particulars of the cargo jettisoned and the circumstances under which such jettisoning took place.
(2) Where the proper officer receives the notice under sub-section (1), he shall forthwith report in writing to the Central Government and may proceed to make an inquiry into the matter.
(2) Where the proper officer receives the notice under sub-section (1), he shall forthwith report in writing to the Central Government and may proceed to make an inquiry into the matter.
Section 277 Detention of vessel by proper officer.
(1) Any vessel attempting to ply or proceed to sea without free board markings or any vessel which is so loaded as to submerge such markings or carrying persons in excess of the certified capacity may be detained by a proper officer until the vessel complies with the requirements of this Act.
(2) Save as otherwise provided, for the purposes of this Part, a proper officer may, at any reasonable time, go onboard a vessel and may inspect or audit the vessel and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates and certificates of the crew onboard:
Provided that the proper officer shall not unreasonably hinder the operation of the vessel or unreasonably detain or delay her from proceeding on any voyage.
(3) The owner, agent, master or every officer of the vessel shall afford to the proper officer all reasonable facilities for a survey or audit and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo, provisions, stores, her certificates, and certificates of the crew, as the proper officer may reasonably require.
(2) Save as otherwise provided, for the purposes of this Part, a proper officer may, at any reasonable time, go onboard a vessel and may inspect or audit the vessel and any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates and certificates of the crew onboard:
Provided that the proper officer shall not unreasonably hinder the operation of the vessel or unreasonably detain or delay her from proceeding on any voyage.
(3) The owner, agent, master or every officer of the vessel shall afford to the proper officer all reasonable facilities for a survey or audit and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo, provisions, stores, her certificates, and certificates of the crew, as the proper officer may reasonably require.
Section 278 Detention of unseaworthy vessels.
(1) If any vessel under this Part arrives in or proceeds from a port or place in India in an unseaworthy condition or which is likely to pose a threat to the security on Indian coasts or offshore installations, the vessel may be detained until the owner, master or tindal or skipper takes all reasonable measures to ensure the seaworthiness of the vessel.
(2) Nothing contained in sub-section (1) shall affect the liability of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on Indian coasts or offshore installations under any other provisions of this Act.
(2) Nothing contained in sub-section (1) shall affect the liability of the person in charge of the vessel in respect of such unseaworthiness or threat to the security on Indian coasts or offshore installations under any other provisions of this Act.
Section 279 Power to exempt.
(1) Notwithstanding anything contained in this Part, the Central Government may, by order in writing and upon such conditions, if any, as it may think fit to impose, exempt any vessel or tindal, skipper or member of crew of such vessel or any class thereof, from any specified requirement contained in or prescribed in pursuance of this Act or dispense with the observance of any such requirement in the case of any vessel or tindal, skipper or member of crew of such vessel or any class thereof, if it is satisfied that the requirement is substantially complied with or that compliance with the requirement is or ought to be dispensed with in the circumstances of the case.
(2) Where an exemption is granted under sub-section (1) subject to any condition, a breach of any such condition shall, without prejudice to any other remedy, be liable to penalty under this Act.
(2) Where an exemption is granted under sub-section (1) subject to any condition, a breach of any such condition shall, without prejudice to any other remedy, be liable to penalty under this Act.
Section 280 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 manner of deciding whether a vessel falls under Part XIII under sub-section (2) of section 263;
(b) the scale of manning and fittings, material, appliances and apparatus to be carried onboard by vessel under sub-section (1) of section 264;
(c) policy of insurance for all persons employed as members of the crew under sub-section (2) of section 264;
(d) the conditions and restrictions for serving on an Indian fishing vessel under sub-section (2) and number of persons for manning fishing vessels and their qualifications and other requirements, under sub-section (3), of section 265;
(e) the different grades of fishers, requirements and manner of grant of certificate under sub-section (1) of section 266;
(f) other certificates with requirements and the manner of its grant under sub-section (3), and the form, fee and validity of such certificates under sub-section (4), of section 266;
(g) the criteria for approving training institute, training courses and method of conduct of such training for the grant of certificate of competency or certificate of proficiency under sub-section (2) of section 267;
(h) the form and manner and fee payable for conduct of examination under sub-section (3) of section 268;
(i) the form and manner of agreement with fisher under clause (a) of section 271;
(j) the certificates required to ply or proceed to sea by a vessel under sub-section (1) of section 273;
(k) the manner of grant of certificate and the period of such certificate under sub-section (2) of section 273;
(l) the form for maintaining a statement of the crew of the vessel and other particulars under sub-section (1) of section 275;
(m) 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 manner of deciding whether a vessel falls under Part XIII under sub-section (2) of section 263;
(b) the scale of manning and fittings, material, appliances and apparatus to be carried onboard by vessel under sub-section (1) of section 264;
(c) policy of insurance for all persons employed as members of the crew under sub-section (2) of section 264;
(d) the conditions and restrictions for serving on an Indian fishing vessel under sub-section (2) and number of persons for manning fishing vessels and their qualifications and other requirements, under sub-section (3), of section 265;
(e) the different grades of fishers, requirements and manner of grant of certificate under sub-section (1) of section 266;
(f) other certificates with requirements and the manner of its grant under sub-section (3), and the form, fee and validity of such certificates under sub-section (4), of section 266;
(g) the criteria for approving training institute, training courses and method of conduct of such training for the grant of certificate of competency or certificate of proficiency under sub-section (2) of section 267;
(h) the form and manner and fee payable for conduct of examination under sub-section (3) of section 268;
(i) the form and manner of agreement with fisher under clause (a) of section 271;
(j) the certificates required to ply or proceed to sea by a vessel under sub-section (1) of section 273;
(k) the manner of grant of certificate and the period of such certificate under sub-section (2) of section 273;
(l) the form for maintaining a statement of the crew of the vessel and other particulars under sub-section (1) of section 275;
(m) any other matter which is required to be or may be prescribed.