The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 21 Temporary pass in lieu of certificate of registration.
Where, pursuant to an application for registration made before the Registrar, a certificate of registration has not been granted to a vessel within the specified period, but it appears to the Central Government that by reason of such special circumstances as may be prescribed, it is desirable that permission should be granted to any Indian vessel to proceed on a voyage, the Central Government may authorise the Registrar to grant a pass in such form as may be prescribed, and that pass shall for the period and within the limits mentioned therein have the same effect as a certificate of registration.
Section 22 Custody and use of certificate.
(1) The certificate of registration shall be used only for the lawful navigation of the vessel and shall at all times remain in the custody of the person in charge of the vessel and shall not be subject to detention by reason of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the vessel.
(2) No person, whether interested in a vessel or not who has in his possession or under his control the certificate of registration of a vessel shall refuse or omit without reasonable cause, to deliver such certificate on demand, to the person entitled to the custody thereof for the purposes of the lawful navigation of the vessel or, to any Registrar or other person entitled by law to require such delivery.
(3) If the master or owner of an Indian vessel uses or attempts to use for her navigation a certificate of registration not legally granted in respect of the vessel, he shall be guilty of an offence under this sub-section and the vessel shall be liable to forfeiture.
(2) No person, whether interested in a vessel or not who has in his possession or under his control the certificate of registration of a vessel shall refuse or omit without reasonable cause, to deliver such certificate on demand, to the person entitled to the custody thereof for the purposes of the lawful navigation of the vessel or, to any Registrar or other person entitled by law to require such delivery.
(3) If the master or owner of an Indian vessel uses or attempts to use for her navigation a certificate of registration not legally granted in respect of the vessel, he shall be guilty of an offence under this sub-section and the vessel shall be liable to forfeiture.
Section 23 Transfer of Indian vessel or shares.
(1) No person shall transfer or acquire any Indian vessel or any share or interest therein at any time during which the security of India or any part of the territory thereof is threatened by sanction, war or external aggression and a proclamation of emergency issued under clause (1) of article 352 of the Constitution is in operation, without the previous approval of the Central Government and any transaction effected in contravention of this provision shall be void and unenforceable.
(2) The Central Government may, if it considers necessary or expedient so to do for the purpose of conserving the tonnage of Indian shipping, by order, refuse to give its approval to any such transfer or acquisition in the circumstances referred under sub-section (1).
(3) No transfer or acquisition of any Indian vessel shall be valid unless,---
(a) all mortgages entered in its register are satisfied or the mortgagee has given his consent in writing for the transfer of the vessel;
(b) all wages and other amounts due to seafarers in connection with their employment on that vessel have been paid in accordance with the provisions of this Act;
(c) any subsisting entry has been made of any court order prohibiting transfer or any dealing with that vessel;
(d) any unpaid statutory fees that may be levied on the vessel has been paid and informed in writing to the Registrar.
(4) Subject to the provisions contained in this section, an Indian vessel or a share therein shall be transferred, only by an instrument, in such form and manner as may be prescribed.
(5) The instrument for the transfer of an Indian vessel or of a share therein shall be registered by the Registrar in accordance with such procedure as may be prescribed.
(2) The Central Government may, if it considers necessary or expedient so to do for the purpose of conserving the tonnage of Indian shipping, by order, refuse to give its approval to any such transfer or acquisition in the circumstances referred under sub-section (1).
(3) No transfer or acquisition of any Indian vessel shall be valid unless,---
(a) all mortgages entered in its register are satisfied or the mortgagee has given his consent in writing for the transfer of the vessel;
(b) all wages and other amounts due to seafarers in connection with their employment on that vessel have been paid in accordance with the provisions of this Act;
(c) any subsisting entry has been made of any court order prohibiting transfer or any dealing with that vessel;
(d) any unpaid statutory fees that may be levied on the vessel has been paid and informed in writing to the Registrar.
(4) Subject to the provisions contained in this section, an Indian vessel or a share therein shall be transferred, only by an instrument, in such form and manner as may be prescribed.
(5) The instrument for the transfer of an Indian vessel or of a share therein shall be registered by the Registrar in accordance with such procedure as may be prescribed.
Section 24 Transmission of property in Indian vessel on death, insolvency, etc.
The property in an Indian vessel or share therein may be transmitted to a person on the death or insolvency of any registered owner or by any lawful means other than by a transfer under this Act subject to such conditions as may be prescribed.
Section 25 Order for sale where vessel has ceased to be an Indian vessel.
Where, by reason of the transmission of any property in a vessel or a share therein on death, insolvency or otherwise, a vessel ceases to be an Indian vessel, it may be ordered to be sold in such manner as may be prescribed.
Section 26 Mortgage of vessel or share.
(1) The mortgage of an Indian vessel shall be in the prescribed form and on the production of such instrument, the Registrar of Indian vessel’s port of registry shall record it in the register book in such manner as may be prescribed.
(2) Mortgages shall be recorded by the Registrar in the order of time in which they are produced to him for that purpose, and the Registrar shall, by memorandum under his hand, notify on each mortgage that it has been recorded by him stating the day and hour of that record.
(3) Except in so far as may be necessary for making a mortgaged vessel or share available as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the vessel or share, nor shall the mortgagor be deemed to have ceased to be owner thereof.
(4) Where a registered mortgage is discharged, the Registrar shall, on the production of such documents as may be prescribed, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made, the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested, if the mortgage had not been made.
(5) If there are more than one recorded mortgage in respect of the same vessel or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, have priority according to the date and time on which each mortgage is recorded in the register book and not according to the date of each mortgage itself.
(2) Mortgages shall be recorded by the Registrar in the order of time in which they are produced to him for that purpose, and the Registrar shall, by memorandum under his hand, notify on each mortgage that it has been recorded by him stating the day and hour of that record.
(3) Except in so far as may be necessary for making a mortgaged vessel or share available as a security for the mortgage debt, the mortgagee shall not, by reason of his mortgage, be deemed to be the owner of the vessel or share, nor shall the mortgagor be deemed to have ceased to be owner thereof.
(4) Where a registered mortgage is discharged, the Registrar shall, on the production of such documents as may be prescribed, make an entry in the register book to the effect that the mortgage has been discharged, and on that entry being made, the estate, if any, which passed to the mortgagee shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would have vested, if the mortgage had not been made.
(5) If there are more than one recorded mortgage in respect of the same vessel or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, have priority according to the date and time on which each mortgage is recorded in the register book and not according to the date of each mortgage itself.
Section 27 Rights of mortgagee.
(1) Where there is only one registered mortgagee of a vessel or share, he shall be entitled to recover the amount due under the mortgage by selling the mortgaged vessel or share without approaching the High Court:
Provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the amount so due in the High Court as provided in sub-section (2).
(2) Where there are two or more registered mortgagees of a vessel or share, they shall be entitled to recover the amount due under the mortgage in the High Court, and when passing a decree or thereafter the High Court may direct that the mortgaged vessel or share be sold in execution of the decree.
(3) Every registered mortgagee of a vessel or share who intends to recover the amount due under the mortgage by selling the mortgaged vessel or share under sub-section (1) shall give a notice relating to such sale to the Registrar of Indian vessel’s port of registry in such form as may be prescribed.
(4) The notice under sub-section (3) shall be accompanied with the proof of payment of the wages due to the seafarers in connection with their employment on that vessel.
Provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the amount so due in the High Court as provided in sub-section (2).
(2) Where there are two or more registered mortgagees of a vessel or share, they shall be entitled to recover the amount due under the mortgage in the High Court, and when passing a decree or thereafter the High Court may direct that the mortgaged vessel or share be sold in execution of the decree.
(3) Every registered mortgagee of a vessel or share who intends to recover the amount due under the mortgage by selling the mortgaged vessel or share under sub-section (1) shall give a notice relating to such sale to the Registrar of Indian vessel’s port of registry in such form as may be prescribed.
(4) The notice under sub-section (3) shall be accompanied with the proof of payment of the wages due to the seafarers in connection with their employment on that vessel.
Section 28 Liability of mortgagee.
When, during the continuance of the mortgage, the mortgagee takes possession of the mortgaged vessel or is asserting a claim before the court for possession of the vessel, he shall be responsible for---
(a) managing the vessel as if it were his own vessel;
(b) making such necessary repairs to the mortgaged vessel as may be required for the smooth operation and normal functioning of the vessel;
(c) ensuring that no act is committed which is destructive or permanently injurious to the vessel; and
(d) such other liability as may be prescribed.
(a) managing the vessel as if it were his own vessel;
(b) making such necessary repairs to the mortgaged vessel as may be required for the smooth operation and normal functioning of the vessel;
(c) ensuring that no act is committed which is destructive or permanently injurious to the vessel; and
(d) such other liability as may be prescribed.
Section 29 Mortgage not affected by insolvency.
A registered mortgage of a vessel or share shall not be affected by any act of insolvency committed by the mortgagor after the date of the record of such mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the vessel or share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee or assignee on their behalf.
Section 30 Transfer of mortgages.
(1) A registered mortgage of a vessel or share may be transferred to any person in such manner and the instrument effecting the transfer shall be in such form as may be prescribed.
(2) The person to whom any such mortgage has been transferred shall enjoy the same right of preference as was enjoyed by the transferor.
(2) The person to whom any such mortgage has been transferred shall enjoy the same right of preference as was enjoyed by the transferor.
Section 31 Transmission of interest in mortgage in certain circumstances.
The transmission of the interest of a mortgagee in a vessel or share on death, or insolvency, or by any lawful means other than by a transfer under this Act shall be in accordance with such procedure and subject to such conditions as may be prescribed.
Section 32 Rules as to name of vessel.
(1) An Indian vessel shall not be described by any name other than that by which she is for the time being registered.
(2) The Registrar may refuse the registration of any Indian vessel by the name by which it is proposed if that name is already borne by another vessel or if the name be so similar as is calculated or likely to deceive.
(3) A change shall not be made in the name of an Indian vessel except in such manner as may be prescribed.
(4) If any person acts or suffers any person under his control to act in contravention of this section or omits to do or suffers any person under his control to omit to do anything required under this section, the vessel may be detained until the provisions of this section are complied with:
Provided that nothing in this sub-section shall apply to a foreign vessel which has become, and is sought to be registered as, an Indian vessel.
(2) The Registrar may refuse the registration of any Indian vessel by the name by which it is proposed if that name is already borne by another vessel or if the name be so similar as is calculated or likely to deceive.
(3) A change shall not be made in the name of an Indian vessel except in such manner as may be prescribed.
(4) If any person acts or suffers any person under his control to act in contravention of this section or omits to do or suffers any person under his control to omit to do anything required under this section, the vessel may be detained until the provisions of this section are complied with:
Provided that nothing in this sub-section shall apply to a foreign vessel which has become, and is sought to be registered as, an Indian vessel.
Section 33 Registration of alterations.
When a registered vessel is so altered as not to correspond with the particulars relating to her tonnage or description contained in the register book, then, if the alteration is made at any port having a Registrar, that Registrar, or if it is made elsewhere, the Registrar of the first port at which the vessel arrives after the alteration, shall, on an application being made to him by the owner stating the particulars of the alteration, either cause the alteration to be registered or direct that the vessel be re-registered:
Provided that in case the vessel so altered is outside Indian port, the Registrar may on report of inspection of such vessel by a surveyor or the person authorised under sub-section (1) of section 9, re-register the vessel without any requirement of the vessel to visit Indian port.
Provided that in case the vessel so altered is outside Indian port, the Registrar may on report of inspection of such vessel by a surveyor or the person authorised under sub-section (1) of section 9, re-register the vessel without any requirement of the vessel to visit Indian port.
Section 34 Provisional certificate and endorsement where vessel is to be re-registered.
Where any Registrar, not being the Registrar of the vessel's port of registry, on an application as to an alteration in a vessel directs the vessel to be re-registered, he shall either grant a provisional certificate describing the vessel as altered, or provisionally endorse the particulars of the alteration on the existing certificate.
Section 35 Transfer of registration.
The registration of any vessel may be transferred from one port or place of registry to another on an application to the Registrar of the existing port or place of registry of the vessel made by declaration in writing of all persons appearing in the register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect the rights of those persons or any of them and those rights shall in all respects continue in the same manner as if no such transfer had been effected.
Section 36 Restrictions on re-registration of abandoned vessel.
Where a vessel has ceased to be registered as an Indian vessel by reason of having been wrecked or abandoned, or for any reason other than capture by the enemy, the vessel shall not be re-registered until she has, at the expense of the applicant, been surveyed by a surveyor and certified by him to be seaworthy.
Section 37 National colours for Indian vessels.
(1) The Central Government may, by notification, declare the proper national colours for all Indian vessels and for all vessels owned by the Government and different colours may be declared for different classes of vessels.
(2) Vessels registered under this Part shall hoist the proper national colours,---
(a) on a signal being made to her by any vessel of the Indian Navy or Indian Coast Guard;
(b) on entering or leaving any port.
(3) Any commissioned officer of the Indian Navy or an officer of the Indian Coast Guard or a surveyor or an Indian ambassador may board any vessel on which any colours are hoisted contrary to this Act and seize and take away the colours which shall be forfeited to the Government.
(4) No person on board a vessel which is not an Indian vessel shall, for the purpose of making it appear to be an Indian vessel, use the Indian national colours, unless the assumption of Indian character has been made for the purpose of escaping capture by the enemy or by a foreign vessel of war in the exercise of some belligerent right.
(2) Vessels registered under this Part shall hoist the proper national colours,---
(a) on a signal being made to her by any vessel of the Indian Navy or Indian Coast Guard;
(b) on entering or leaving any port.
(3) Any commissioned officer of the Indian Navy or an officer of the Indian Coast Guard or a surveyor or an Indian ambassador may board any vessel on which any colours are hoisted contrary to this Act and seize and take away the colours which shall be forfeited to the Government.
(4) No person on board a vessel which is not an Indian vessel shall, for the purpose of making it appear to be an Indian vessel, use the Indian national colours, unless the assumption of Indian character has been made for the purpose of escaping capture by the enemy or by a foreign vessel of war in the exercise of some belligerent right.
Section 38 Concealment of Indian or assumption of foreign character.
No owner or master of an Indian vessel shall knowingly do anything or permit anything to be done, or carry or permit to be carried any papers or documents, with intent to conceal the Indian character of the vessel from any person entitled by any law for the time being in force to inquire into the same, or with intent to assume a foreign character for the vessel, or with intent to deceive any person so entitled.
Section 39 Liabilities of vessel not recognised as Indian vessel.
Where it is declared by this Act that an Indian vessel shall not be recognised as such, that vessel shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by Indian vessel or to use the Indian national colours for Indian vessel or to assume the Indian national character but so far as regards the payment of dues, the liability to fine or penalty and forfeiture and the punishment of offences committed onboard such vessel or by any person belonging to her, such vessel shall be dealt with in the same manner in all respects as if she were a recognised Indian vessel.
Section 40 Proceedings on forfeiture of vessel.
Where any vessel has either wholly or as to any share therein become subject to forfeiture under this Part, any commissioned officer of the Indian Navy or Indian Coast Guard or an Indian ambassador or any other officer authorised by the Central Government, may seize and detain the vessel, under the directions of the proper officer and bring her for adjudication before the High Court and the High Court may thereupon adjudge the vessel with her equipment to be forfeited to the Government and make such order in the case as the High Court seems just and may award to the officer bringing in the vessel for adjudication such portion of the proceeds of the sale of the vessel or any share therein as the High Court thinks fit.