The Merchant Shipping Act, 2025

Administered Ministry: Ministry of Ports, Shipping and Waterways

Showing 101 to 120 of 325 results
Section
Section 101 Entry of offences in official logbook.
If any offence of desertion or absence without leave under section 98 or offence against discipline under section 99 is committed, or if any act of misconduct is committed for which the offender’s agreement imposes a fine and it is intended to enforce the fine,---

(a) an entry of the offence or act shall be made in the official logbook and signed by the master and the officer on watch;

(b) the offender, if still in the vessel, shall, before the subsequent arrival of the vessel at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of the entry and have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he thinks fit;

(c) a statement of a copy of the entry having been so furnished and the entry having been so read over and the reply, if any, made by the offender shall likewise be entered and signed in the manner aforesaid; and

(d) in any subsequent legal proceedings, the entries required by this section shall, if practicable, be produced or proved, and, in default of such production or proof, the court hearing the case may in its discretion, refuse to receive evidence of the offence or act of misconduct.

Section 102 Report of desertions and absences without leave.
Whenever any seafarer engaged outside India on an Indian vessel deserts or otherwise absents himself in India without leave, the master of the vessel shall, within forty-eight hours of discovering such desertion or absence, report the same to the shipping master or to such other officer as the Central Government specifies in this behalf, unless in the meantime, the deserter or absentee returns.

Section 103 Entries and certificates of desertion abroad.
(1) In every case of desertion from an Indian vessel whilst such vessel is at any place out of India, the master shall produce the entry of desertion in the official logbook to the Indian ambassador at the place, who shall thereupon make and certify a copy of the entry which shall be admissible in evidence in any legal proceeding relating to such desertion.

(2) The master shall forthwith transmit such copy of entry certified under sub-section (1) to the shipping master at the port at which the seafarer was shipped, and the shipping master shall, if required, cause the same to be produced in any legal proceeding.

Section 104 Facilities for proving desertion in proceedings for forfeiture of wages.
(1) Whenever a question arises whether the wages of any seafarer are forfeited for desertion from a vessel, it shall be sufficient for the person insisting on the forfeiture to show that the seafarer was duly engaged in or belonged to the vessel, and either that he left the vessel before the completion of the voyage or engagement or, if the voyage was to terminate in India and the vessel has not returned, that he is absent from her and that an entry of his desertion has been duly made in the official logbook.

(2) The desertion shall thereupon, so far as relate to any forfeiture of wages under this Part, be deemed to be proved, unless the seafarer produces a proper certificate of discharge or otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his vessel.

Section 105 Application of forfeitures.
Where any wages or other property are under this Act forfeited for desertion from a vessel, they shall be applied towards reimbursing the expenses caused by such desertion to the master or the ship owner or his agent, which may be recovered by the master, or the ship owner or his agent in the same manner as the deserter could have recovered them if not forfeited, and subject to that reimbursement, shall be paid to the Central Government.

Section 106 Decision of questions of forfeiture and deduction in suits for wages.
Any question concerning the forfeiture of or deductions from the wages of a seafarer may be determined in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in respect of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture has not been made the subject of any criminal proceeding.

Section 107 Payment of fines imposed under agreement to shipping master.
(1) Every fine imposed on a seafarer for any act of misconduct under his agreement shall be deducted and paid as follows, namely:---

(a) if the offender is discharged at any port or place in India and the offence and such entries in respect thereof are proved to the satisfaction of the shipping master, the master or ship owner or his agent shall deduct such fine from the wages of the offender and pay the same to such shipping master; and

(b) if the seafarer is discharged at any port or place outside India and the offence and such entries are proved to the satisfaction of the Indian ambassador by whose sanction he is so discharged, the fine shall thereupon be deducted, and an entry of such deduction shall then be made in the official logbook, if any, and signed by such officer and on the return of the vessel to India, the master or ship owner shall pay such fine to the shipping master.

(2) An act of misconduct for which any such fine was imposed and paid shall not be otherwise punishable under this Act.

(3) The proceeds of all fines received by a shipping master under this section shall be utilised for the welfare of seafarers in such manner as the Central Government may direct.

Section 108 Seafarer not to be enticed to desert.
No person shall,---

(a) by any means whatever persuade or attempt to persuade a seafarer to neglect or refuse to join or proceed to sea in or desert from his vessel, or otherwise to absent himself from his duty;

(b) harbour or secrete a seafarer who has wilfully neglected or refused to join or has deserted from his vessel, knowing or having reason to believe the seafarer to have so done:

Provided that the provisions of this clause shall not extend to the case in which the harbour or secreting is by the spouse of the seafarer.

Section 109 Stowaways and seafarers carried under compulsion.
No person shall secrete himself and go to sea in a vessel without the consent of either the master or the ship owner or his agent or of the person in charge of the vessel or of any other person entitled to give that consent

Section 110 On change of master, documents to be handed over to successor.
(1) If, during the progress of a voyage the master of any Indian vessel is removed or superseded or for any other reason quits the vessel and is succeeded in the command by some other person, he shall deliver to his successor documents relating to navigation of the vessel and the seafarers thereof which are in his custody.

(2) On receipt of documents under sub-section (1), the successor shall make an entry in the official logbook to that effect which shall also be endorsed by the predecessor.

(3) The Director-General may suspend or withdraw the certificate of competency of a master, if it is established that the documents were not lawfully handed over in accordance with sub-section (1), without leave or sufficient reason:

Provided that no order for suspension or withdrawal of any certificate shall be passed unless the master has been given a reasonable opportunity of being heard.

Section 111 Deserters from foreign vessels.
(1) Where it appears to the Central Government that due facilities are or shall be given by the Government of any State outside India for recovering and apprehending seafarers who desert from Indian vessels in that State, the Central Government may, by notification, stating that such facilities are or shall be given, declare that this section shall apply to seafarers belonging to vessels of such State, subject to such limitations or conditions as may be specified in the notification.

(2) Where this section applies to seafarers belonging to vessels of any State other than India and a seafarer deserts from any such vessel, when within India, any court that would have taken cognizance of the matter if the seafarer had deserted from an Indian vessel shall, on an application of the ambassador of that State, aid in apprehending the deserter and for that purpose may, on information given on oath, issue a warrant for his apprehension and on proof of the desertion, order him to be conveyed onboard his vessel or delivered to the master or the ship owner or his agent to be so conveyed and any such warrant or order may be executed accordingly.

Section 112 Official logbook.
(1) Every vessel of two hundred tons gross or more shall maintain an official logbook in such form and such manner as may be prescribed.

(2) The master, ship owner or his agent shall deliver the official logbook referred to in sub-section (1), to the shipping master as and when required by the shipping master.

(3) No person shall make or procure to be made or assist in making any entry in official logbook in respect of any occurrence happening previously to the arrival of the vessel at her final port of discharge more than twenty-four hours after such arrival.

Section 113 Power to make rules.
(1) In addition to the power of the Central Government to make rules for enforcement of Maritime Labour Convention, the Central Government shall make rules generally to carry out the provisions of this Part, including rules in respect of the following matters, namely:---

(a) discharge of seafarers;

(b) payment of wages;

(c) advance and allotment of wages;

(d) rights of seafarers in respect of wages;

(e) mode of recovering wages;

(f) disputes between seafarers and employers;

(g) property of deceased seafarers;

(h) repatriation of seafarers and abandoned seafarers;

(i) provisions, health and accommodation;

(j) special provisions for the protection of seafarers in respect of litigation;

(k) provisions for the protection of seafarers in respect of other matters;

(l) provisions as to discipline;

(m) official logbooks.

(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 categories and minimum manning scales of seafarers and the scales for different classes of vessels under sub-section (2) of section 56;

(b) the conditions subject to which vessel shall be in possession of a certificate under sub-section (2) of section 57;

(c) the form and manner of the grant of continuous discharge certificate and seafarers identity documents under clause (c) of sub-section (1) of section 58;

(d) the conditions subject to which licence may be granted under clause (a) of sub-section (2) of section 58;

(e) the form of certificate to be possessed by seafarer and the authority who grants that certificate to the effect that the seafarer is medically fit under section 60;

(f) the authority to whom and the form and manner in which the incident is to be reported under clause (e) of sub-section (6) of section 62;

(g) the authority to whom and the form, manner and the time within which the reports is to be submitted under clause (f) of sub-section (6) of section 62;

(h) other responsibilities of the recruitment and placement agency under clause (g) of sub-section (6) of section 62;

(i) the form and manner of seafarers employment agreement under sub-section (1) of section 63;

(j) the rate of interest on the wages payable to a seafarer under sub-section (2) of section 64;

(k) the hours of rest provided to every seafarer under section 65;

(l) the conditions subject to which seafarers are given annual paid leave under section 66;

(m) the circumstances and conditions for repatriation of seafarers under sub-section (1) of section 67;

(n) the financial security and manner of repatriation of seafarers under sub-section (2) of section 67;

(o) the indemnity amount to be paid to the seafarer under section 68;

(p) the number of seafarers to be employed onboard the vessel under section 69;

(q) the accommodations and recreational facilities for seafarers under section 70;

(r) the measures for providing protection of health and medical care to seafarers under section 72;

(s) the branches of social security protection to seafarers under section 75;

(t) the terms and conditions and the period during which a seafarer shall not be entitled to wages under sub-section (1) of section 79;

(u) the exceptions where a seafarer shall not be disentitled to claim wages under sub-section (2) of section 79;

(v) the manner of discharge from service of seafarer under sub-section (1) of section 80;

(w) the manner of discharge of property under section 81;

(x) the manner and the restrictions and conditions for utilisation of any unclaimed amount deposited with or recovered by shipping master for the welfare of seafarers under section 82;

(y) the qualifications and experience of persons appointed to the Tribunal under sub-section (1) and any other matter under clause (e) of sub-section (4) of section 89;

(z) the period within which the Tribunal shall submit its award to the Central Government under sub-section (7) of section 89;

(za) the extent and the conditions subject to which a seafarer shall be maintained or sent to a proper return port, under sub-section (2) of section 91;

(zb) the manner of possession of certificate and the form of such certificate under sub-section (3) of section 93;

(zc) the terms, conditions and manner of protecting a seafarer who is a party to litigation under sub-section (2) of section 94;

(zd) the form and manner of keeping logbook under sub-section (1) of section 112;

(ze) any other matter which is required to be or may be prescribed.

Section 114 Application of this Part.
This Part, unless otherwise exempted, shall apply in relation to matters on safety and security, to---

(a) Indian vessel and other vessels registered in India under this Act, except vessels covered under Part XIII;

(b) vessel other than Indian vessel when such vessel is within India, including coastal waters;

(c) port facility; and

(d) company.

Section 115 Definitions.
In this part, unless the context otherwise requires,---

(a) "company" means the owner of the vessel or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the vessel from the owner of the vessel and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code under the Safety Convention;

(b) the words and expressions used in this Part but not defined, shall have the meanings respectively assigned to them in the international conventions or agreements or treaties, including their protocols, referred to in section 116.

Section 116 Safety and security requirements.
(1) Every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following international conventions, treaties or agreements, as applicable, namely:---

(a) the Safety Convention;

(b) the Load Lines Convention, 1966;

(c) the Special Trade Passenger Ships Agreement, 1971;

(d) the Convention on the International Regulations for Preventing Collisions at Sea, 1972;

(e) the International Convention on Maritime Search and Rescue, 1979;

(f) the Tonnage Measurement Convention, 1969;

(g) the International Convention for Safe Containers, 1972;

(h) such other convention or agreement or treaty relating to safety or security to which India is a party, as may be notified by the Central Government:

Provided that vessels to which the provisions of the above conventions, treaties or agreements are not applicable, shall comply with such safety and security requirements as may be prescribed:

Provided further that it shall be a defense for the master or ship owner to prove that a contravention was solely due to deviation or delay caused by stress of weather or other circumstances which neither the master nor the ship owner nor the charterer, if any, could have prevented or forestalled.

(2) The safety and security requirements for different classes of vessels and certificates to be held by such vessels shall be such as may be prescribed.

Section 117 Reporting of incidents.
(1) When an incident relating to the safety and security takes place on a vessel, the master of the vessel shall report the particulars of the incident to such authority and in such manner as may be prescribed.

(2) When an incident takes place relating to the loss or likely loss overboard of dangerous goods in packaged form into the sea, or dangerous goods in solid form in bulk into the sea, or any incident impeding safe navigation, the master of every vessel shall report the particulars of the incident to such authority in such manner as may be prescribed.

(3) If the vessel referred to in sub-section (1) or sub-section (2) is abandoned, or a report from such vessel is incomplete, the Central Government shall fix the responsibility on the master of the vessel.

Section 118 Obligations to render assistance on receiving signal of distress and to persons in danger.
(1) The master of an Indian vessel, on receiving at sea a signal of distress or information from any source that a vessel or aircraft is in distress shall proceed with all speed to the assistance of the persons in distress informing them, if possible, that he is doing so unless he is unable or in the special circumstances of the case considers it unreasonable or unnecessary to do so or unless he is released from such obligation under the provisions of sub-section (3).

(2) Where the master of any vessel in distress has requisitioned any Indian vessel that has answered his call, it shall be the duty of the master of the requisitioned vessel to comply with the requisition by continuing to proceed with all speed to the assistance of the persons in distress unless he is released from the obligation under sub-section (4).

(3) The master shall be released from the obligation imposed by sub-section (1) as soon as he is informed of the requisition of one or more vessels other than his own and that the requisition is being complied with by the vessel or vessels requisitioned.

(4) The master whose ship has been requisitioned under sub-section (2) shall be released from the obligation imposed by that sub-section, on being informed by the persons in distress or by the master of any vessel which has reached the person in distress, that assistance is no longer required.

(5) If the master of an Indian vessel, on receiving at sea a signal of distress referred to in sub-section (1), is unable or in the special circumstances of the case considers it unreasonable or unnecessary to go to the assistance of the persons in distress, he shall forthwith cause a statement to be entered in the official logbook or if there is no official logbook, cause other record to be kept of his reasons for not going to the assistance of those persons.

(6) The master of every Indian vessel for which an official logbook is required, shall enter or cause to be entered in the official logbook every signal of distress or message that a vessel, aircraft or person is in distress at sea.

(7) The master of every Indian vessel shall render assistance to every person found at sea in danger of being lost, unless he is unable to or, in the special circumstance of the case, considers that such assistance cannot be rendered without serious danger to his vessel, or the persons thereon.

(8) If the master of an Indian vessel is unable or consider it unreasonable to go to the assistance of a person found at sea in danger of being lost, the master shall forthwith cause a statement to be entered in the official logbook or, if there is no official logbook, cause other record to be kept of his reasons for not going to the assistance of that person.

(9) The master of the vessel shall take all reasonable measures to report the particulars of any incident relating to safety and security which takes place in the vicinity of the vessel to such authority in such manner as may be prescribed.

Section 119 Search and rescue services.
The Central Government shall, whenever necessary, make arrangements for search and rescue services for dealing with distress situation at sea, including coastal waters or such territory under the International Convention on Maritime Search and Rescue, 1979 and agreement related thereto or any other law for the time being in force.

Section 120 Radio communication requirements.
Every Indian vessel shall be equipped and maintained with such communication equipment, distress and safety equipment and shall be provided with such certified operators as may be prescribed.