The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 301 Power of Director-General to give directions.
The Director-General may, if he is satisfied in the public interest or in the interest of Indian shipping that it is necessary so to do, give by notice, circular, order or guidelines in writing, such directions as he thinks fit to any vessel or seafarer or tindal or ship owner or his agent or maritime training institute or recruitment placement service provider or port or person or body of persons.
Section 302 Special provisions with respect to defaulting ship owners.
(1) The Director-General may by order in writing and upon such conditions, if any, as he may think fit to impose, direct the ship owner who fails to comply with the provisions of this Act, or rules made thereunder or is not taking action for the safety and prevention of any harm to life, property or the environment which may be caused by a vessel owned by such ship owner but not abandoned by him, to take such measures as may be directed:
Provided that if the ship owner fails to comply with such directions, the Director-General may take necessary action including confiscation or forfeiture of the vessel or cargo, if any, or both, and dispose of the same as may be deemed appropriate.
(2) The cost incurred by the Director-General in averting the harm mentioned under sub-section (1) due to failure of timely action by the ship owner shall be recovered from such ship owner as Government dues.
(3) The Director-General shall be competent to adjust the cost referred to in sub-section (2), with the funds generated by disposal of the vessel or the cargo, or both.
Provided that if the ship owner fails to comply with such directions, the Director-General may take necessary action including confiscation or forfeiture of the vessel or cargo, if any, or both, and dispose of the same as may be deemed appropriate.
(2) The cost incurred by the Director-General in averting the harm mentioned under sub-section (1) due to failure of timely action by the ship owner shall be recovered from such ship owner as Government dues.
(3) The Director-General shall be competent to adjust the cost referred to in sub-section (2), with the funds generated by disposal of the vessel or the cargo, or both.
Section 303 Right to pursue foreign vessels in high seas.
The Central Government, if it has a reason to believe that any foreign vessel has violated any law within the coastal waters, may authorise any vessel under its control to pursue into the high seas such foreign vessel for investigations and thereafter seize the vessel if considered necessary, for further proceedings:
Provided that as far as practicable, such foreign vessel shall be given a signal to stop before pursuing the vessel into the high seas.
Provided that as far as practicable, such foreign vessel shall be given a signal to stop before pursuing the vessel into the high seas.
Section 304 Power of Central Government with respect to vessel without nationality.
(1) Where it is established that a vessel within India or her coastal waters is not legally entitled to fly the flag of a State or has lost such right, the Central Government may take charge of such vessel and detain the same as a vessel without nationality including its cargo, as may be deemed appropriate, in such manner as may be prescribed.
(2) A vessel which sails under the flags of two or more States, using them according to convenience, may be deemed to be a vessel without nationality.
(2) A vessel which sails under the flags of two or more States, using them according to convenience, may be deemed to be a vessel without nationality.
Section 305 Protection of action taken in good faith.
No suit or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.
Section 306 Agreement with other States.
The Central Government may enter into agreement with other States or organisations for effective implementation of the provisions of this Act.
Section 307 Control measures and detention of vessels.
(1) No vessel shall enter into or sail out of or operate within the port, terminal, anchorages, port facilities, Indian offshore facilities or the territorial waters of India, without complying with such requirements as to construction, equipment, safety and security, cargo operations, pollution prevention, safe manning, maritime labour standards, insurance, classification or such other relevant requirements for the purposes of this Act as may be prescribed.
(2) The principal officer may order any unsafe vessel or vessel which appears to him to be an unsafe vessel, to be provisionally detained for the purpose of being surveyed.
(3) The surveyor may inspect the vessel referred to in sub-section (2) and if it is found on such inspection that the vessel is an unsafe vessel or has failed to comply with the provisions of this Act, report it to the principal officer.
(4) On receipt of report under sub-section (3), the principal officer may by order, invoke such control measures as may be necessary, till such time the vessel complies with the provisions of this Act or may allow such vessel to proceed to sea on such conditions as deemed fit, if it does not pose a risk to safety of life onboard or at sea, or an unreasonable threat of harm to the environment.
(5) Control measures under sub-section (4) may include---
(a) denial of entry into port;
(b) expanded inspection;
(c) delaying the vessel;
(d) stoppage of operations or restriction of operations including movement within the port;
(e) requirement of any rectification of deficiencies within the specified period;
(f) detention of vessel;
(g) expulsion of the vessel from port or place; or
(h) such other measures as may be prescribed.
(6) The master or owner of the vessel may, within seven days from the receipt of the order issued under sub-section (4), prefer an appeal before the Director-General who may retain or modify the control measures or order release of the vessel subject to such conditions as he may deem fit.
Explanation.---For the purposes of this section, "unsafe vessel" means a vessel, including an unseaworthy vessel, which---
(a) poses a risk to safety of life; or
(b) poses an unreasonable threat of harm to environment by reason of its safe manning, hull, machinery, equipment, training and working conditions of seafarers or operational safety being substantially below the required standards; or
(c) fails to comply with such other requirements as may be prescribed.
(2) The principal officer may order any unsafe vessel or vessel which appears to him to be an unsafe vessel, to be provisionally detained for the purpose of being surveyed.
(3) The surveyor may inspect the vessel referred to in sub-section (2) and if it is found on such inspection that the vessel is an unsafe vessel or has failed to comply with the provisions of this Act, report it to the principal officer.
(4) On receipt of report under sub-section (3), the principal officer may by order, invoke such control measures as may be necessary, till such time the vessel complies with the provisions of this Act or may allow such vessel to proceed to sea on such conditions as deemed fit, if it does not pose a risk to safety of life onboard or at sea, or an unreasonable threat of harm to the environment.
(5) Control measures under sub-section (4) may include---
(a) denial of entry into port;
(b) expanded inspection;
(c) delaying the vessel;
(d) stoppage of operations or restriction of operations including movement within the port;
(e) requirement of any rectification of deficiencies within the specified period;
(f) detention of vessel;
(g) expulsion of the vessel from port or place; or
(h) such other measures as may be prescribed.
(6) The master or owner of the vessel may, within seven days from the receipt of the order issued under sub-section (4), prefer an appeal before the Director-General who may retain or modify the control measures or order release of the vessel subject to such conditions as he may deem fit.
Explanation.---For the purposes of this section, "unsafe vessel" means a vessel, including an unseaworthy vessel, which---
(a) poses a risk to safety of life; or
(b) poses an unreasonable threat of harm to environment by reason of its safe manning, hull, machinery, equipment, training and working conditions of seafarers or operational safety being substantially below the required standards; or
(c) fails to comply with such other requirements as may be prescribed.
Section 308 Costs of detention and damages.
(1) When a vessel is detained under this Act, the owner of a vessel shall be liable to pay to the Central Government the costs incidental to the detention and survey of the vessel, as may be determined by the Director-General, and the vessel shall not be released until such costs are paid and faults are rectified.
(2) The form and manner of determination of claims for costs of detention under sub-section (1) and compensation or damages for detention of a vessel shall be such as may be prescribed.
(2) The form and manner of determination of claims for costs of detention under sub-section (1) and compensation or damages for detention of a vessel shall be such as may be prescribed.
Section 309 Procedure for detention of vessel other than Indian vessel.
(1) On receipt of information from the Government of any State which is a party to any convention under this Act, that any vessel other than an Indian vessel within the territorial waters of India has contravened the provisions of such convention, the Central Government may detain the vessel for such period and subject to such conditions as may be deemed necessary.
(2) When a vessel other than an Indian vessel is detained under this Act, a copy of the order for the provisional detention of the vessel shall forthwith be served on the ambassador of the State to which the vessel belongs at or nearest to the port in which such vessel is detained.
(2) When a vessel other than an Indian vessel is detained under this Act, a copy of the order for the provisional detention of the vessel shall forthwith be served on the ambassador of the State to which the vessel belongs at or nearest to the port in which such vessel is detained.
Section 310 Obligations of ports under conventions and monitoring thereof by Director-General.
(1) The Director-General shall,---
(a) ensure that the obligations under the conventions are discharged by the ports;
(b) supervise, monitor and ensure that such obligations are effectively discharged by the ports.
(2) The Director-General may call for such information and pass such directions as he may deem fit, for the discharge of obligations by the ports.
(a) ensure that the obligations under the conventions are discharged by the ports;
(b) supervise, monitor and ensure that such obligations are effectively discharged by the ports.
(2) The Director-General may call for such information and pass such directions as he may deem fit, for the discharge of obligations by the ports.
Section 311 Power of Central Government in respect of abandoned vessels.
(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.
Section 312 Power to cancel, suspend, etc., certificate of seafarers.
The Central Government may, by order, cancel or suspend any certificate granted under this Act to any seafarer for any specified period,---
(a) if an inquiry report or investigation report reveals that the seafarer is incompetent or is guilty of misconduct; or
(b) in a case of collision, where the seafarer has failed to render assistance; or
(c) if the seafarer has been convicted of any offence under this Act or any non-bailable offence has been committed by such seafarer under any other law for the time being in force in India or outside India; or
(d) if any casualty has been caused by wrongful act or default of the seafarer; or
(e) if the seafarer to whom the certificate has been granted contravenes any provisions of this Act:
Provided that no order under this section shall be passed unless the person concerned has been given an opportunity of being heard.
(a) if an inquiry report or investigation report reveals that the seafarer is incompetent or is guilty of misconduct; or
(b) in a case of collision, where the seafarer has failed to render assistance; or
(c) if the seafarer has been convicted of any offence under this Act or any non-bailable offence has been committed by such seafarer under any other law for the time being in force in India or outside India; or
(d) if any casualty has been caused by wrongful act or default of the seafarer; or
(e) if the seafarer to whom the certificate has been granted contravenes any provisions of this Act:
Provided that no order under this section shall be passed unless the person concerned has been given an opportunity of being heard.
Section 313 Re-hearing.
Whenever an investigation or inquiry is made under this Act, the Central Government may order the case to be re-heard either generally or as to any part thereof, and shall so order, if---
(a) new and important evidence which could not be produced at the time of investigation is discovered; or
(b) for any other reason, there is in its opinion, a miscarriage of justice.
(a) new and important evidence which could not be produced at the time of investigation is discovered; or
(b) for any other reason, there is in its opinion, a miscarriage of justice.
Section 314 Maintenance of insurance or such other financial security.
Without prejudice to the insurance or other financial security required to be maintained under Chapters II, III and IV of Part IX, Part X and Chapter I of Part XII, every registered owner of an Indian vessel shall, for the purpose of covering his liability under this Act, be required to compulsorily maintain adequate insurance coverage or such other financial security as may be prescribed.
Section 315 Use and maintenance of electronic records.
(1) Where any provision of this Act or the rules made thereunder provide for---
(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the Government in a particular manner;
(b) the issue or grant of any certificate, licence, permit, sanction, approval or endorsement, by whatever name called, in a particular manner; or
(c) the receipt or payment of money in a particular manner,
then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment is effected by means of such electronic form.
(2) The Central Government shall, for the purpose of sub-section (1), prescribe---
(a) the manner and form in which such electronic forms and documents shall be filed, created or issued; and
(b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause (a).
(3) Any agreement, record, database, logbooks, record books and such other documents required to be stored, maintained or updated by the Central Government or the Director-General or by any other person under this Act or the rules made thereunder, may be maintained in electronic form.
(a) the filing of any form, application or any other document with any office, authority, body or agency owned or controlled by the Government in a particular manner;
(b) the issue or grant of any certificate, licence, permit, sanction, approval or endorsement, by whatever name called, in a particular manner; or
(c) the receipt or payment of money in a particular manner,
then notwithstanding anything contained in such provision, such requirement shall be deemed to have been satisfied if such filing, issue, grant, receipt or payment is effected by means of such electronic form.
(2) The Central Government shall, for the purpose of sub-section (1), prescribe---
(a) the manner and form in which such electronic forms and documents shall be filed, created or issued; and
(b) the manner or method of payment of any fee or charges for filing, creation or issue of any electronic document under clause (a).
(3) Any agreement, record, database, logbooks, record books and such other documents required to be stored, maintained or updated by the Central Government or the Director-General or by any other person under this Act or the rules made thereunder, may be maintained in electronic form.
Section 316 Classification of vessels.
The Central Government, based on activities performed or services provided by vessels, may by general or special order, classify the vessels into different categories.
Section 317 Transparency of charges.
(1) The Central Government, in such circumstances as it may, by notification, specify in this behalf, require every service provider or agent in respect of any Indian vessel or other vessel operating in coastal waters in relation to import, export or domestic transportation, to specify in the Bill of Lading or any other transport document, all charges to be paid by an exporter, importer, consignor or consignee in India, subject to the terms and conditions for the specification of such charges and the issuance of the Bill of Lading or any other transport document, as may be specified in that notification:
Provided that the charges to be paid by such exporter, importer, consignor or consignee shall include both fixed and conditional charges:
Provided further that no service provider or agent shall levy any charges other than charges specified by him in the Bill of Lading or any other transport document.
(2) If the service provider or agent fails to specify the charges under sub-section (1) or levies any charges other than the charges specified by him in the Bill of Lading or any other transport document, he shall be liable to penalty which may extend to five lakh rupees.
(3) The authority for imposing the penalty under sub-section (2) shall be such officer as the Central Government may, by notification, specify in this behalf.
(4) Any person aggrieved by the order of imposition of penalty under this section may prefer an appeal in accordance with such procedure as may be prescribed, before such officer as the Central Government may, by notification, specify:
Provided that no order under this section shall be passed without giving the person a reasonable opportunity of being heard.
Provided that the charges to be paid by such exporter, importer, consignor or consignee shall include both fixed and conditional charges:
Provided further that no service provider or agent shall levy any charges other than charges specified by him in the Bill of Lading or any other transport document.
(2) If the service provider or agent fails to specify the charges under sub-section (1) or levies any charges other than the charges specified by him in the Bill of Lading or any other transport document, he shall be liable to penalty which may extend to five lakh rupees.
(3) The authority for imposing the penalty under sub-section (2) shall be such officer as the Central Government may, by notification, specify in this behalf.
(4) Any person aggrieved by the order of imposition of penalty under this section may prefer an appeal in accordance with such procedure as may be prescribed, before such officer as the Central Government may, by notification, specify:
Provided that no order under this section shall be passed without giving the person a reasonable opportunity of being heard.
Section 318 Power of Director-General to call for information.
The Director-General shall have the power to call for such information as may be required to ensure compliance with the provisions of this Act.
Section 319 General power to make rules.
(1) Without prejudice to any other power to make rules contained elsewhere in this Act, the Central Government may make rules generally to carry out the provisions of this Act.
(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 salary, allowances and other terms and conditions of service of the officers under sub-section (2) of section 8;
(b) the powers and functions of the senior radio surveyors and radio inspectors under sub-section (2) of section 10;
(c) regulatory and oversight functions of the body under sub-section (3) of section 13;
(d) other functions of the body under clause (d) of sub-section (4) of section 13;
(e) the form and manner in which a person aggrieved may prefer an appeal before the Director-General under sub-section (2) of section 282;
(f) the manner of detention of vessel under sub-section (1) of section 304;
(g) other relevant requirements under sub-section (1) of section 307;
(h) such other measures which shall constitute control measures under clause (h) of sub-section (5) of section 307;
(i) such other requirements under the Explanation to section 307;
(j) the form and manner of determination of claims and compensation or damages for detention of a vessel under sub-section (2) of section 308;
(k) the procedure for reimbursement of costs or expenses, including the manner of determination of the rates for services rendered to the authority or agency under sub-section (4) of section 311;
(l) insurance coverage or other financial security to be maintained by registered owner of an Indian vessel under section 314;
(m) the manner and form of filing, creating or issuing electronic forms and documents and the manner or method of payment of fee or charges for such filing, creating or issuing under clause (a) and clause (b) of sub-section (2) of section 315;
(n) procedure for preferring an appeal under sub-section (4) of section 317;
(o) the form and manner of informing the Central Government of any requirement or prohibition imposed or threatened to be imposed pursuant to the measures taken by any other country under sub-section (2) of section 323; and
(p) 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 salary, allowances and other terms and conditions of service of the officers under sub-section (2) of section 8;
(b) the powers and functions of the senior radio surveyors and radio inspectors under sub-section (2) of section 10;
(c) regulatory and oversight functions of the body under sub-section (3) of section 13;
(d) other functions of the body under clause (d) of sub-section (4) of section 13;
(e) the form and manner in which a person aggrieved may prefer an appeal before the Director-General under sub-section (2) of section 282;
(f) the manner of detention of vessel under sub-section (1) of section 304;
(g) other relevant requirements under sub-section (1) of section 307;
(h) such other measures which shall constitute control measures under clause (h) of sub-section (5) of section 307;
(i) such other requirements under the Explanation to section 307;
(j) the form and manner of determination of claims and compensation or damages for detention of a vessel under sub-section (2) of section 308;
(k) the procedure for reimbursement of costs or expenses, including the manner of determination of the rates for services rendered to the authority or agency under sub-section (4) of section 311;
(l) insurance coverage or other financial security to be maintained by registered owner of an Indian vessel under section 314;
(m) the manner and form of filing, creating or issuing electronic forms and documents and the manner or method of payment of fee or charges for such filing, creating or issuing under clause (a) and clause (b) of sub-section (2) of section 315;
(n) procedure for preferring an appeal under sub-section (4) of section 317;
(o) the form and manner of informing the Central Government of any requirement or prohibition imposed or threatened to be imposed pursuant to the measures taken by any other country under sub-section (2) of section 323; and
(p) any other matter which is required to be or may be prescribed.
Section 320 Provisions with respect to rules.
(1) All rules made under this Act shall be published in the Official Gazette.
(2) In making a rule under this Act, the Central Government may direct that a breach thereof shall be liable to penalty which may extend to fifty thousand rupees, and if the breach is a continuing one, with further penalty which may extend to five thousand rupees for every day after the first day during which the breach continues.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
(2) In making a rule under this Act, the Central Government may direct that a breach thereof shall be liable to penalty which may extend to fifty thousand rupees, and if the breach is a continuing one, with further penalty which may extend to five thousand rupees for every day after the first day during which the breach continues.
(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.