The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 121 Information about vessel’s stability.
(1) Every Indian vessel shall carry onboard such information relating to the stability of the vessel and the effects of any damage control and general precautions necessary to maintain watertight integrity of the vessels and provisions for damage control duly approved, in compliance with the provisions of the Safety Convention and the Load Line Convention or the safety and security requirements in accordance with the provisions of this Part.
(2) The chief ship surveyor shall assign load line, in compliance with the Load Line Convention and approve such information relating to stability of passenger ships as may be prescribed:
Provided that the Director-General may, by order, authorise any other surveyor to perform the duties of the chief ship surveyor under this section on such terms and conditions as may be specified therein.
(2) The chief ship surveyor shall assign load line, in compliance with the Load Line Convention and approve such information relating to stability of passenger ships as may be prescribed:
Provided that the Director-General may, by order, authorise any other surveyor to perform the duties of the chief ship surveyor under this section on such terms and conditions as may be specified therein.
Section 122 Submersion of load lines.
(1) No vessel, other than a vessel exempted from the provisions of this Part relating to load lines, shall be so loaded as to submerge when the vessel has no list of the appropriate load line on each side of the vessel, that is to say, the load line indicating or purporting to indicate the maximum depth to which the vessel is for the time being entitled under the load line rules, to be loaded.
(2) Without prejudice to any other proceedings under this Act, any vessel which is loaded in contravention of this section may be detained until such vessel ceases to be so loaded.
(2) Without prejudice to any other proceedings under this Act, any vessel which is loaded in contravention of this section may be detained until such vessel ceases to be so loaded.
Section 123 No vessel to carry passenger without certificate.
(1) No vessel shall carry passengers between ports or places in India or from any port or place in India to any port or place outside India, or from any port or place outside India to any port or place in India, unless such vessel has all valid certificates required under this part.
(2) The Central Government may, by general or special order, specify the conditions relating to,---
(a) passenger accommodation;
(b) scale of passenger and amenities to be provided to seafarers;
(c) space or disallowance of any space on a vessel;
(d) scale of provisions and water to be provided;
(e) hospital accommodation and medical facilities;
(f) the conditions for carriage of cargo and livestock; and
(g) any other matter, to carry out the purposes of this Part.
(3) Subject to the conditions specified in sub-section (2), the master of a passenger vessel departing or proceeding on a voyage shall make a statement about the passengers onboard the vessel in such form as may be specified by the Central Government in this behalf.
(2) The Central Government may, by general or special order, specify the conditions relating to,---
(a) passenger accommodation;
(b) scale of passenger and amenities to be provided to seafarers;
(c) space or disallowance of any space on a vessel;
(d) scale of provisions and water to be provided;
(e) hospital accommodation and medical facilities;
(f) the conditions for carriage of cargo and livestock; and
(g) any other matter, to carry out the purposes of this Part.
(3) Subject to the conditions specified in sub-section (2), the master of a passenger vessel departing or proceeding on a voyage shall make a statement about the passengers onboard the vessel in such form as may be specified by the Central Government in this behalf.
Section 124 Vessel not to proceed to sea without valid safety and security certificates.
No vessel shall proceed to sea unless such vessel is in possession of valid certificates referred to in sub-section (2) of section 116.
Section 125 Penalties for certain acts.
(1) A person shall be liable to penalty under this Act if he commits any of the following acts, namely:---
(a) being drunk or disorderly attempts to enter a vessel; or
(b) onboard molest any person; or
(c) travels or attempts to travel without payment of fare; or
(d) wilfully refuses or neglects to quit the vessel on arrival at destination; or
(e) fails to exhibit his ticket when requested by the master or other officer; or
(f) misconducts himself in such a manner as to cause annoyance or injury to persons onboard; or
(g) carries any substance that could jeopardise the safety or security of the vessel, life onboard or the environment in general.
(2) The master may refuse to receive onboard any person referred to in sub-section (1) and if such person is onboard, may put him on shore, and the person so refused admittance or put on shore shall not be entitled to return of any fare he has paid.
(3) The master or other officer of any such vessel and all persons called by him or other officer to his assistance, may detain any person who commits any offence under sub-section (1) and convey the offender with all convenient dispatch before the nearest police station to be dealt with in accordance with the law.
(a) being drunk or disorderly attempts to enter a vessel; or
(b) onboard molest any person; or
(c) travels or attempts to travel without payment of fare; or
(d) wilfully refuses or neglects to quit the vessel on arrival at destination; or
(e) fails to exhibit his ticket when requested by the master or other officer; or
(f) misconducts himself in such a manner as to cause annoyance or injury to persons onboard; or
(g) carries any substance that could jeopardise the safety or security of the vessel, life onboard or the environment in general.
(2) The master may refuse to receive onboard any person referred to in sub-section (1) and if such person is onboard, may put him on shore, and the person so refused admittance or put on shore shall not be entitled to return of any fare he has paid.
(3) The master or other officer of any such vessel and all persons called by him or other officer to his assistance, may detain any person who commits any offence under sub-section (1) and convey the offender with all convenient dispatch before the nearest police station to be dealt with in accordance with the law.
Section 126 Vessel not to carry cargo or passengers in contravention of Act.
(1) No vessel shall carry or attempt to carry cargo without the required certificate in contravention of this Part or shall have onboard or in any part thereof a cargo which is not in accordance with the certificate held by the vessel.
(2) No vessel shall carry or attempt to carry passengers without the required certificate under this Part or shall have onboard or in any part thereof a number of passengers which is greater than the number set forth in the certificate held by the vessel.
(3) The master of any vessel which carries or attempts to carry cargo or passengers in contravention of this section shall be liable to have his certificate of competency cancelled or suspended for such a period as the Central Government may, by order, specify in this behalf.
(2) No vessel shall carry or attempt to carry passengers without the required certificate under this Part or shall have onboard or in any part thereof a number of passengers which is greater than the number set forth in the certificate held by the vessel.
(3) The master of any vessel which carries or attempts to carry cargo or passengers in contravention of this section shall be liable to have his certificate of competency cancelled or suspended for such a period as the Central Government may, by order, specify in this behalf.
Section 127 Unseaworthy vessel not to be sent to sea.
(1) Every person who sends or attempts to send a vessel to sea which is unseaworthy, unless he proves that her going to sea in such unseaworthy state was under the circumstances reasonable and justifiable, shall be liable to penalty under this sub-section.
(2) Every master of a vessel who knowingly takes or attempts to take a vessel to sea which is unseaworthy, unless he proves that her going to sea in such unseaworthy state was under the circumstances, reasonable and justifiable, shall be liable to penalty under this sub-section.
(3) For the purpose of giving proof under sub-sections (1) and (2), every person charged under this section may give evidence in the same manner as any other witness.
(2) Every master of a vessel who knowingly takes or attempts to take a vessel to sea which is unseaworthy, unless he proves that her going to sea in such unseaworthy state was under the circumstances, reasonable and justifiable, shall be liable to penalty under this sub-section.
(3) For the purpose of giving proof under sub-sections (1) and (2), every person charged under this section may give evidence in the same manner as any other witness.
Section 128 Obligation of ship owner, master or agent with respect to seaworthiness.
(1) In every contract of service, express or implied, between the owner of a vessel and the master or any seafarer thereof, there shall be implied, irrespective of any agreement to the contrary, an obligation on the ship owner that such ship owner and the master and every agent charged with the loading of such vessel or the preparing thereof for sea or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such vessel for the voyage at the time when such voyage commences and to keep her in a seaworthy state during the voyage.
(2) For the purpose of verifying compliance of the provisions of this section, the Central Government may, either at the request of the ship owner or otherwise, arrange for a survey of the hull, equipment or machinery of any sea-going vessel by a surveyor or any person so authorised.
(2) For the purpose of verifying compliance of the provisions of this section, the Central Government may, either at the request of the ship owner or otherwise, arrange for a survey of the hull, equipment or machinery of any sea-going vessel by a surveyor or any person so authorised.
Section 129 Safety and security management.
(1) Every vessel, company or port facility shall comply with such safety and security management requirements as may be prescribed.
(2) The Central Government or a person authorised by it shall arrange for the audit of the vessel, company or port facility for the purpose of sub-section (1).
(3) The Central Government or a person authorised by it may set different levels of security and provide such information thereof, to all the port facilities and all vessels entering into any port facility.
(2) The Central Government or a person authorised by it shall arrange for the audit of the vessel, company or port facility for the purpose of sub-section (1).
(3) The Central Government or a person authorised by it may set different levels of security and provide such information thereof, to all the port facilities and all vessels entering into any port facility.
Section 130 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 conditions subject to which the vessel shall comply with the conventions, treaties or agreements to which India is a party and the safety and security requirements to be complied by the vessels to which the said conventions, treaties or agreements are not applicable, under sub-section (1) of section 116;
(b) the safety and security requirements for different classes of vessels and the certificates to be held by such vessels under sub-section (2) of section 116;
(c) the manner of reporting the particulars of incidents and the authority to whom such particulars shall be reported under sub-section (1) and sub-section (2) of section 117;
(d) the manner of reporting the particulars of incidents and the authority to whom such particulars shall be reported under sub-section (9) of section 118;
(e) the communication equipment, distress and safety equipment and the certified operators to be provided to every Indian vessel under section 120;
(f) the information relating to the stability of passenger ship to be approved under sub-section (2) of section 121;
(g) the safety and security management requirements to be complied by the vessel, company or port facility under sub-section (1) of section 129;
(h) 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 conditions subject to which the vessel shall comply with the conventions, treaties or agreements to which India is a party and the safety and security requirements to be complied by the vessels to which the said conventions, treaties or agreements are not applicable, under sub-section (1) of section 116;
(b) the safety and security requirements for different classes of vessels and the certificates to be held by such vessels under sub-section (2) of section 116;
(c) the manner of reporting the particulars of incidents and the authority to whom such particulars shall be reported under sub-section (1) and sub-section (2) of section 117;
(d) the manner of reporting the particulars of incidents and the authority to whom such particulars shall be reported under sub-section (9) of section 118;
(e) the communication equipment, distress and safety equipment and the certified operators to be provided to every Indian vessel under section 120;
(f) the information relating to the stability of passenger ship to be approved under sub-section (2) of section 121;
(g) the safety and security management requirements to be complied by the vessel, company or port facility under sub-section (1) of section 129;
(h) any other matter which is required to be or may be prescribed.
Section 131 Application of this Part.
Save as otherwise provided, this Part shall apply to,---
(a) Indian vessel and every other vessel registered in India;
(b) vessel other than an Indian vessel;
(c) vessel not entitled to fly the flag of India but which operate under the authority of India;
(d) vessel that enters a port, shipyard or offshore terminal or place in India or within the coastal waters;
(e) any incident of marine casualty or any act relating to such casualty occurring with grave and imminent danger to Indian coastline or coastal waters or related interests or posing a threat to the marine environment or to the coastline or related interest, from pollution or threat of pollution in the sea or air either by deliberate, negligent or accidental release of oil, ballast water, noxious liquid substance, garbage, sewage, waste, harmful anti-fouling substances, harmful emissions or any other harmful substance including such incidents occurring on the high seas.
Explanation.---For the purposes of clauses (d) and (e), "coastal waters" shall mean and include any part of the territorial waters of India, along with any part of the adjoining maritime zones of India or any marine area adjacent thereto over which India has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under 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;
(f) port for the purpose of providing reception facilities:
Provided that this Part shall not apply to any warship, naval auxiliary or other vessel owned or operated by the Central Government or the State Governments and used for the time being only on Government non-commercial service unless otherwise specified by the Central Government by notification: Provided further that the Director-General may provide equivalence to, or grant exemption from, the
provisions of this Part or the rules made thereunder, to any vessel or person, in such manner as may be prescribed.
(a) Indian vessel and every other vessel registered in India;
(b) vessel other than an Indian vessel;
(c) vessel not entitled to fly the flag of India but which operate under the authority of India;
(d) vessel that enters a port, shipyard or offshore terminal or place in India or within the coastal waters;
(e) any incident of marine casualty or any act relating to such casualty occurring with grave and imminent danger to Indian coastline or coastal waters or related interests or posing a threat to the marine environment or to the coastline or related interest, from pollution or threat of pollution in the sea or air either by deliberate, negligent or accidental release of oil, ballast water, noxious liquid substance, garbage, sewage, waste, harmful anti-fouling substances, harmful emissions or any other harmful substance including such incidents occurring on the high seas.
Explanation.---For the purposes of clauses (d) and (e), "coastal waters" shall mean and include any part of the territorial waters of India, along with any part of the adjoining maritime zones of India or any marine area adjacent thereto over which India has, or, may hereafter have, exclusive jurisdiction in regard to control of marine pollution under 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;
(f) port for the purpose of providing reception facilities:
Provided that this Part shall not apply to any warship, naval auxiliary or other vessel owned or operated by the Central Government or the State Governments and used for the time being only on Government non-commercial service unless otherwise specified by the Central Government by notification: Provided further that the Director-General may provide equivalence to, or grant exemption from, the
provisions of this Part or the rules made thereunder, to any vessel or person, in such manner as may be prescribed.
Section 132 Definitions.
In this Part, unless the context otherwise requires,---
(a) "harmful substance" means any substance or form of energy, which, if introduced into the sea or air, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea or air and includes any substance subject to control by any of the conventions to which India is a party or such other substance as may be prescribed by the Central Government;
(b) "dumping" means any---
(i) deliberate disposal of waste water or other matter from vessels, ports, platform or other man-made structures at sea; or
(ii) deliberate disposal of vessels, structures of ports, platform or other man-made structures at sea,
but does not include---
(i) the disposal of wastes or other matter incidental to, or derived from normal operations of vessels, platforms or other man-made structure at sea and their equipment, other than wastes or other matter transported by or to vessels, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, platform or structure; or
(ii) the placement of matter for a purpose other than the mere disposal thereof:
Provided that such placement is not contrary to the aims of the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;
(c) "port" shall include port facility, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals;
(d) "vessel" means a vessel of any type, whatsoever, operating in the marine or aquatic environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, floating platforms, floating storage units and floating production storage and off-loading units but does not include fixed platforms or other fixed man-made structures at sea for the purposes of dumping.
(a) "harmful substance" means any substance or form of energy, which, if introduced into the sea or air, is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate uses of the sea or air and includes any substance subject to control by any of the conventions to which India is a party or such other substance as may be prescribed by the Central Government;
(b) "dumping" means any---
(i) deliberate disposal of waste water or other matter from vessels, ports, platform or other man-made structures at sea; or
(ii) deliberate disposal of vessels, structures of ports, platform or other man-made structures at sea,
but does not include---
(i) the disposal of wastes or other matter incidental to, or derived from normal operations of vessels, platforms or other man-made structure at sea and their equipment, other than wastes or other matter transported by or to vessels, platforms or other man-made structures at sea, operating for the purpose of disposal of such matter or derived from the treatment of such wastes or other matter on such vessels, platform or structure; or
(ii) the placement of matter for a purpose other than the mere disposal thereof:
Provided that such placement is not contrary to the aims of the London Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972;
(c) "port" shall include port facility, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals;
(d) "vessel" means a vessel of any type, whatsoever, operating in the marine or aquatic environment and includes hydrofoil boats, air-cushion vehicles, submersibles, floating craft, floating platforms, floating storage units and floating production storage and off-loading units but does not include fixed platforms or other fixed man-made structures at sea for the purposes of dumping.
Section 133 Control of discharge or emission of harmful substances or dumping at sea.
(1) Save as otherwise provided, all vessels shall be under an obligation to prevent discharge or emission of harmful substances or mixtures containing harmful substances.
(2) All Indian vessels shall be fitted with such equipment and comply with such requirements and conditions relating to construction, survey of equipment and structure of vessel, as may be prescribed.
(3) No certificate shall be granted under this Part unless the requirements and conditions of this section are complied with.
(4) The Central Government may designate such specific areas requiring more stringent standards for pollution prevention as may be prescribed.
(5) The Central Government may, either at the request of the ship owner or otherwise, arrange for the survey of the hull, equipment or machinery of any vessel by a surveyor and, if found fit, shall grant certificates in accordance with the provisions of this Act and rules made thereunder in such form, for such duration and subject to such conditions as may be prescribed.
(6) The Central Government may take measures, as it may consider appropriate, to prevent the pollution of the sea by the dumping of waste and other matter that is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate use of the sea.
(7) The Central Government may, by notification, specify the items permitted for dumping in the coastal waters and may prescribe the manner in which permissions for the dumping of such items may be obtained.
(8) Unless expressly permitted, no vessel, port, platform or other man-made structures at sea shall engage in dumping in the coastal waters.
(2) All Indian vessels shall be fitted with such equipment and comply with such requirements and conditions relating to construction, survey of equipment and structure of vessel, as may be prescribed.
(3) No certificate shall be granted under this Part unless the requirements and conditions of this section are complied with.
(4) The Central Government may designate such specific areas requiring more stringent standards for pollution prevention as may be prescribed.
(5) The Central Government may, either at the request of the ship owner or otherwise, arrange for the survey of the hull, equipment or machinery of any vessel by a surveyor and, if found fit, shall grant certificates in accordance with the provisions of this Act and rules made thereunder in such form, for such duration and subject to such conditions as may be prescribed.
(6) The Central Government may take measures, as it may consider appropriate, to prevent the pollution of the sea by the dumping of waste and other matter that is liable to create hazards to human health, harm living resources and marine life, damage amenities or interfere with other legitimate use of the sea.
(7) The Central Government may, by notification, specify the items permitted for dumping in the coastal waters and may prescribe the manner in which permissions for the dumping of such items may be obtained.
(8) Unless expressly permitted, no vessel, port, platform or other man-made structures at sea shall engage in dumping in the coastal waters.
Section 134 Prevention and containment of pollution and response.
(1) Every vessel shall, subject to such conditions as may be prescribed, comply with the provisions of the following international conventions, as applicable, namely:---
(a) the MARPOL Convention;
(b) the Anti-Fouling Systems Convention;
(c) the Ballast Water Management Convention;
(d) International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969;
(e) any other pollution prevention convention or agreement or treaty to which India is a party, as may be prescribed:
Provided that vessel to which the provisions of the above conventions are not applicable shall comply with such pollution prevention requirements as may be prescribed.
(2) A vessel shall possess such different types of certificates and documents depending on the type, size, nature and area of operation of the vessel as may be prescribed.
(a) the MARPOL Convention;
(b) the Anti-Fouling Systems Convention;
(c) the Ballast Water Management Convention;
(d) International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969;
(e) any other pollution prevention convention or agreement or treaty to which India is a party, as may be prescribed:
Provided that vessel to which the provisions of the above conventions are not applicable shall comply with such pollution prevention requirements as may be prescribed.
(2) A vessel shall possess such different types of certificates and documents depending on the type, size, nature and area of operation of the vessel as may be prescribed.
Section 135 Vessel not to proceed to sea without valid pollution prevention certificates.
(1) No vessel shall proceed to sea unless such vessel is in possession of valid certificates required under the convention or agreement or treaty referred to in section 134.
(2) A vessel shall carry a valid certificate onboard and shall be subject to inspection while at a port in India by the surveyor or an authorised person in such manner as may be prescribed:
Provided that nothing in this sub-section shall be construed as limiting the powers of any officer under any other law for the time being in force from boarding and inspecting the vessel or its equipment.
(3) If the inspection under this section reveals that a vessel does not have a valid certificate onboard or whose condition or equipment’s condition does not meet the particulars of the certificate onboard, the vessel may be detained by order by a proper officer until proceedings are concluded under this section or in the opinion of the Central Government, the vessel can proceed to sea without presenting an unreasonable threat or harm to safety of life at sea, marine environment or the public health and welfare.
(4) Notwithstanding any proceedings initiated against the owner or master of the vessel under this section, the Central Government may initiate further action against such persons, if it determines that the incident of pollution continues to cause harm or damage after the conclusion of the proceedings, or results in harm or damages not discovered at the time of the initiation of the proceedings.
(2) A vessel shall carry a valid certificate onboard and shall be subject to inspection while at a port in India by the surveyor or an authorised person in such manner as may be prescribed:
Provided that nothing in this sub-section shall be construed as limiting the powers of any officer under any other law for the time being in force from boarding and inspecting the vessel or its equipment.
(3) If the inspection under this section reveals that a vessel does not have a valid certificate onboard or whose condition or equipment’s condition does not meet the particulars of the certificate onboard, the vessel may be detained by order by a proper officer until proceedings are concluded under this section or in the opinion of the Central Government, the vessel can proceed to sea without presenting an unreasonable threat or harm to safety of life at sea, marine environment or the public health and welfare.
(4) Notwithstanding any proceedings initiated against the owner or master of the vessel under this section, the Central Government may initiate further action against such persons, if it determines that the incident of pollution continues to cause harm or damage after the conclusion of the proceedings, or results in harm or damages not discovered at the time of the initiation of the proceedings.
Section 136 Record books.
Every Indian vessel shall maintain such books of record in such form and manner and the nature of entries to be made in the books of record, the custody and disposal thereof, and all other matters relating thereto, shall be such as may be prescribed.
Section 137 Power to deny entry, detain or move vessel.
(1) Where the Central Government has reasonable grounds to suspect that a vessel which proposes to enter a port in India does not comply with the requirements of this Part, it may direct the port to deny entry to such vessel.
(2) Where the Central Government has reasonable grounds to suspect that a vessel does not comply with the requirements of this Part and poses a threat of harm to the coast or coastal waters or has caused such harm, it may direct any proper officer to detain the vessel or have the vessel moved to such place and for such period as it may deem fit.
(3) Where any vessel detained under this section proceeds to sea before being released, the master of the vessel, ship owner or any person who sends the vessel to sea, shall be liable to penalty under this Act.
(2) Where the Central Government has reasonable grounds to suspect that a vessel does not comply with the requirements of this Part and poses a threat of harm to the coast or coastal waters or has caused such harm, it may direct any proper officer to detain the vessel or have the vessel moved to such place and for such period as it may deem fit.
(3) Where any vessel detained under this section proceeds to sea before being released, the master of the vessel, ship owner or any person who sends the vessel to sea, shall be liable to penalty under this Act.
Section 138 Power to take measures for containment of pollution and reporting of incidents.
(1) Where an incident in which the cargo or harmful substances escape or is likely to escape from a vessel causes or threaten to cause pollution of air, marine environment or any part of coasts or coastal waters, the master of every vessel shall report the particulars of such incident to such authority in such manner as may be prescribed.
(2) The Central Government shall, upon receiving information regarding any incident of pollution under sub-section (1), immediately take notice of such incident and may direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel by notice served on him, to take the following actions, namely:---
(a) to prevent the escape of such harmful substances from the vessel, as may be specified in such notice;
(b) to remove the cargo or oil or noxious liquid substance or harmful substance from the vessel in such manner and to such place, as may be specified in the notice;
(c) to remove the vessel to a place, as may be specified in the notice;
(d) to remove the cargo or oil or noxious liquid substance or harmful substance slicks on the surface of the sea in such manner as may be specified in the notice;
(e) to prohibit the removal of the vessel including any cargo or stores therein, from a place specified in the notice; and
(f) any other action as may be considered necessary to prevent such damage.
(3) If a vessel referred to in sub-section (1) is abandoned or a report from such vessel is incomplete, the Central Government shall fix the responsibility of the incident on the master or owner of that vessel.
(4) Where the release of harmful substances has caused or is likely to present a grave and imminent danger to the coast or coastal waters, the Central Government may proceed to take such measures as may be deemed necessary to prevent, mitigate or eliminate such threat or danger.
(5) Where any person fails to comply with any notice served on him under sub-section (2), the Central Government may, whether or not such person is convicted of an offence under this Part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for,---
(a) carrying out the directives given in the notice issued under sub-section (2);
(b) containing the pollution caused or preventing the pollution threatened to be caused, to any part of the coast or coastal waters by any harmful substance having escaped or threatening to escape from the vessel.
(6) Subject to the provisions of this Part, any expenditure or liability incurred by the Central Government in, or by reason of, the exercise of powers under sub-section (5) in relation to any vessel in respect of which a notice had been issued under this section, shall be a debt due to the Central Government and may be recovered from the person or persons on whom the notice was served or from all or any of those persons, and shall be a charge upon all or any vessel owned by that person or persons which may be detained by the Central Government until the amount is paid:
Provided that where the amount due to the Central Government is not paid within reasonable time, the Central Government may cause all or any vessel owned by such person or any part thereof to be sold, for the purpose of recovery of such an amount with applicable interest.
(7) The Central Government shall have the power to take such measures as may be deemed necessary to prevent, mitigate or eliminate grave and imminent danger to the coastline or related interests from pollution or threat of pollution following any incident on the high seas which may reasonably be expected to result in major harmful consequences to the coastline or coastal waters.
(8) The Central Government may make national or regional arrangement system for responding promptly and effectively to pollution incidents occurring within the coastal waters.
(2) The Central Government shall, upon receiving information regarding any incident of pollution under sub-section (1), immediately take notice of such incident and may direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel by notice served on him, to take the following actions, namely:---
(a) to prevent the escape of such harmful substances from the vessel, as may be specified in such notice;
(b) to remove the cargo or oil or noxious liquid substance or harmful substance from the vessel in such manner and to such place, as may be specified in the notice;
(c) to remove the vessel to a place, as may be specified in the notice;
(d) to remove the cargo or oil or noxious liquid substance or harmful substance slicks on the surface of the sea in such manner as may be specified in the notice;
(e) to prohibit the removal of the vessel including any cargo or stores therein, from a place specified in the notice; and
(f) any other action as may be considered necessary to prevent such damage.
(3) If a vessel referred to in sub-section (1) is abandoned or a report from such vessel is incomplete, the Central Government shall fix the responsibility of the incident on the master or owner of that vessel.
(4) Where the release of harmful substances has caused or is likely to present a grave and imminent danger to the coast or coastal waters, the Central Government may proceed to take such measures as may be deemed necessary to prevent, mitigate or eliminate such threat or danger.
(5) Where any person fails to comply with any notice served on him under sub-section (2), the Central Government may, whether or not such person is convicted of an offence under this Part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for,---
(a) carrying out the directives given in the notice issued under sub-section (2);
(b) containing the pollution caused or preventing the pollution threatened to be caused, to any part of the coast or coastal waters by any harmful substance having escaped or threatening to escape from the vessel.
(6) Subject to the provisions of this Part, any expenditure or liability incurred by the Central Government in, or by reason of, the exercise of powers under sub-section (5) in relation to any vessel in respect of which a notice had been issued under this section, shall be a debt due to the Central Government and may be recovered from the person or persons on whom the notice was served or from all or any of those persons, and shall be a charge upon all or any vessel owned by that person or persons which may be detained by the Central Government until the amount is paid:
Provided that where the amount due to the Central Government is not paid within reasonable time, the Central Government may cause all or any vessel owned by such person or any part thereof to be sold, for the purpose of recovery of such an amount with applicable interest.
(7) The Central Government shall have the power to take such measures as may be deemed necessary to prevent, mitigate or eliminate grave and imminent danger to the coastline or related interests from pollution or threat of pollution following any incident on the high seas which may reasonably be expected to result in major harmful consequences to the coastline or coastal waters.
(8) The Central Government may make national or regional arrangement system for responding promptly and effectively to pollution incidents occurring within the coastal waters.
Section 139 Power of Central Government to give directions.
(1) For the purposes of taking any measures under section 138, the Central Government or any other officer authorised by it in this behalf, may, by an order in writing, direct the owner of any Indian vessel or equipment to provide such services or assistance as may be specified in that order.
(2) The owner of any vessel or equipment with respect to which an order is made under sub-section (1), shall be entitled to tariff rates of freight and charter hire, at reasonable rates having regard to current market conditions:
Provided that where tariff rates of freight are not fixed or where there is any dispute about reasonable rate of charter hire, the freight or charter hire, shall be paid at such rates as may be fixed by the Central Government by an order in writing, subject to determination of reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as it may deem necessary.
(3) The Director-General may,---
(a) requisition the services of any officer of the Central Government or other officers or any police officer;
(b) requisition the resources and pollution prevention equipment available with any of the offices of the Central Government or other offices or organisations,
for the purposes of this Part and it shall be the duty of every such officer or office or organisation to render assistance.
(2) The owner of any vessel or equipment with respect to which an order is made under sub-section (1), shall be entitled to tariff rates of freight and charter hire, at reasonable rates having regard to current market conditions:
Provided that where tariff rates of freight are not fixed or where there is any dispute about reasonable rate of charter hire, the freight or charter hire, shall be paid at such rates as may be fixed by the Central Government by an order in writing, subject to determination of reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as it may deem necessary.
(3) The Director-General may,---
(a) requisition the services of any officer of the Central Government or other officers or any police officer;
(b) requisition the resources and pollution prevention equipment available with any of the offices of the Central Government or other offices or organisations,
for the purposes of this Part and it shall be the duty of every such officer or office or organisation to render assistance.
Section 140 Measures for detection of pollution.
The Central Government shall prescribe such measures as it may deem appropriate and practical, for the monitoring, detection and control of pollution under this Part.