The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 141 Appointment of analysts.
The Central Government may appoint such persons as analysts for the purposes of incidents of pollution under this Part and specify the scope of powers to be exercised by an analyst in this regard.
Section 142 Reception facilities.
(1) Every port shall provide such reception facilities and surveillance, supervision and guidance thereof as may be prescribed, taking into account the pollution prevention conventions specified in section 134.
(2) The Central Government may give directions to the ports to take appropriate measures to ensure that wastes or residue generated during operation, repair and re-cycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner to protect human health and the environment.
(3) A port authority providing reception facilities or a person providing such facilities by arrangement with the port authority may impose charges for the use of the facilities at such rates and impose such conditions in respect of the use thereof as may be notified by the Central Government in respect of the port.
(4) Where the Central Government is satisfied that there are no reception facilities at any port or that the facilities available at such port or place are not adequate for enabling vessels calling at such port or place to comply with the requirements of the pollution prevention conventions, the Central Government may direct, by order in writing, such authority to provide or arrange for the provision of such reception facilities, as may be specified in the order.
(5) Any port that fails to comply with the directions under sub-section (4) shall be liable to penalty under this Act.
(2) The Central Government may give directions to the ports to take appropriate measures to ensure that wastes or residue generated during operation, repair and re-cycling of vessel are collected, handled, treated and disposed of in a safe and environmentally sound manner to protect human health and the environment.
(3) A port authority providing reception facilities or a person providing such facilities by arrangement with the port authority may impose charges for the use of the facilities at such rates and impose such conditions in respect of the use thereof as may be notified by the Central Government in respect of the port.
(4) Where the Central Government is satisfied that there are no reception facilities at any port or that the facilities available at such port or place are not adequate for enabling vessels calling at such port or place to comply with the requirements of the pollution prevention conventions, the Central Government may direct, by order in writing, such authority to provide or arrange for the provision of such reception facilities, as may be specified in the order.
(5) Any port that fails to comply with the directions under sub-section (4) shall be liable to penalty under this Act.
Section 143 Power to make rules.
(1) The Central Government may make rules to carry out the provisions of this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the manner of providing equivalence or granting exemption to any vessel or person under the second proviso to section 131;
(b) other substances which fall within the definition of "harmful substances" in clause (a) of section 132;
(c) the equipment and requirements and conditions relating to construction, survey of equipment and structure of vessel under sub-section (2) of section 133;
(d) the pollution prevention standards and requirements for designated areas under sub-section (4) of section 133;
(e) the form, duration and conditions subject to which a certificate may be granted under sub-section (5) of section 133;
(f) the manner of obtaining permission for dumping in coastal waters under sub-section (7) of section 133;
(g) the conditions subject to which the vessel shall comply with the conventions, agreements or treaties specified in sub-section (1) of section 134 including any other pollution prevention convention or agreement or treaty to which India is a party and the pollution prevention requirements to be complied with by the vessels on whom such conventions, agreements or treaties do not apply;
(h) the types of certificates and documents under sub-section (2) of section 134;
(i) the manner of inspection of certificates by a surveyor under sub-section (2) of section 135;
(j) the form and manner of maintenance of record book and the nature of entries to be made in the books of record, the custody and disposal thereof, and other matters relating to maintenance of record book under section 136;
(k) the particulars of the incident, the authority and the manner of reporting incident under sub-section (1) of section 138;
(l) the measures to be taken by the Central Government for the monitoring, detection and control of pollution under section 140;
(m) the reception facilities, surveillance, supervision and guidance under sub-section (1) of section 142;
(n) any other matter which is required to be or may be prescribed.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:---
(a) the manner of providing equivalence or granting exemption to any vessel or person under the second proviso to section 131;
(b) other substances which fall within the definition of "harmful substances" in clause (a) of section 132;
(c) the equipment and requirements and conditions relating to construction, survey of equipment and structure of vessel under sub-section (2) of section 133;
(d) the pollution prevention standards and requirements for designated areas under sub-section (4) of section 133;
(e) the form, duration and conditions subject to which a certificate may be granted under sub-section (5) of section 133;
(f) the manner of obtaining permission for dumping in coastal waters under sub-section (7) of section 133;
(g) the conditions subject to which the vessel shall comply with the conventions, agreements or treaties specified in sub-section (1) of section 134 including any other pollution prevention convention or agreement or treaty to which India is a party and the pollution prevention requirements to be complied with by the vessels on whom such conventions, agreements or treaties do not apply;
(h) the types of certificates and documents under sub-section (2) of section 134;
(i) the manner of inspection of certificates by a surveyor under sub-section (2) of section 135;
(j) the form and manner of maintenance of record book and the nature of entries to be made in the books of record, the custody and disposal thereof, and other matters relating to maintenance of record book under section 136;
(k) the particulars of the incident, the authority and the manner of reporting incident under sub-section (1) of section 138;
(l) the measures to be taken by the Central Government for the monitoring, detection and control of pollution under section 140;
(m) the reception facilities, surveillance, supervision and guidance under sub-section (1) of section 142;
(n) any other matter which is required to be or may be prescribed.
Section 144 Survey, audit and certification.
(1) Every Indian vessel, company or port shall unless otherwise exempted by the Central Government, be surveyed or audited or certified for verification of compliance with the conventions specified in section 147 and such requirements for different classes of vessels, company or port, as may be prescribed.
Explanation.--- In this Part, unless the context otherwise requires, "company" shall have the same meaning as assigned to it in clause (a) of section 115.
(2) A surveyor or any person authorised by the Director-General in this behalf may, if satisfied that any vessel, company or port has been surveyed or audited as per the requirements under this Act, grant certificate or documents to such vessel, company or port.
(3) Notwithstanding anything contained in this Act, where any survey or audit of a vessel, company or port under this Part is completed, the owner, agent or master of such vessel, company or port shall not make or cause to be made any alteration in the structure, equipment, fittings, arrangements, material, systems or scantlings covered by the survey or audit without the prior permission of the Central Government.
(4) If, after grant of certificates or documents under sub-section (2), the Central Government or any person authorised by it, has reason to believe that changes have been made to the structure, equipment, fittings, arrangements, material, systems or scantlings, or they have sustained any damage or are otherwise found insufficient, then the Central Government or any person authorised by it in this behalf may require that the vessel, company or port be re-surveyed or audited to such extent, as it may deem fit, or it may modify or revoke or suspend or cancel or surrender the certificates and documents, after giving an opportunity of being heard, in such manner as may be prescribed.
(5) No vessel shall proceed to sea unless the owner or master of the vessel holds onboard all the certificates or documents as required under this section.
Explanation.--- In this Part, unless the context otherwise requires, "company" shall have the same meaning as assigned to it in clause (a) of section 115.
(2) A surveyor or any person authorised by the Director-General in this behalf may, if satisfied that any vessel, company or port has been surveyed or audited as per the requirements under this Act, grant certificate or documents to such vessel, company or port.
(3) Notwithstanding anything contained in this Act, where any survey or audit of a vessel, company or port under this Part is completed, the owner, agent or master of such vessel, company or port shall not make or cause to be made any alteration in the structure, equipment, fittings, arrangements, material, systems or scantlings covered by the survey or audit without the prior permission of the Central Government.
(4) If, after grant of certificates or documents under sub-section (2), the Central Government or any person authorised by it, has reason to believe that changes have been made to the structure, equipment, fittings, arrangements, material, systems or scantlings, or they have sustained any damage or are otherwise found insufficient, then the Central Government or any person authorised by it in this behalf may require that the vessel, company or port be re-surveyed or audited to such extent, as it may deem fit, or it may modify or revoke or suspend or cancel or surrender the certificates and documents, after giving an opportunity of being heard, in such manner as may be prescribed.
(5) No vessel shall proceed to sea unless the owner or master of the vessel holds onboard all the certificates or documents as required under this section.
Section 145 Certificates.
Every vessel, company or port shall, unless exempted under this Part, be in possession of such certificates as may be prescribed.
Section 146 Power of surveyor.
(1) Save as otherwise provided, a surveyor may at any reasonable time, go onboard a vessel and may inspect or audit the vessel or any part thereof, the structure, equipment, fittings, arrangements, materials, systems, scantlings, cargo, provisions, stores, her certificates and certificates of the seafarers onboard:
Provided that he shall not unreasonably hinder the operation of the vessel or detain or delay her from proceeding on any voyage.
(2) The owner, agent, master or every officer of the vessel shall afford to the surveyor all reasonable facilities for survey and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo, provisions, stores, her certificates and certificates of the seafarers, as the surveyor may require.
Provided that he shall not unreasonably hinder the operation of the vessel or detain or delay her from proceeding on any voyage.
(2) The owner, agent, master or every officer of the vessel shall afford to the surveyor all reasonable facilities for survey and provide all such information in respect of the vessel and her structure, equipment, fittings, arrangements, materials, scantlings, systems, cargo, provisions, stores, her certificates and certificates of the seafarers, as the surveyor may require.
Section 147 Compliance of provisions of convention.
Every vessel, company or port shall be surveyed, audited and certified to confirm compliance with the following conventions as applicable, namely:---
(a) the Safety Convention;
(b) the MARPOL Convention;
(c) the Anti-Fouling Systems Convention;
(d) the Ballast Water Management Convention;
(e) the Load Lines Conventions;
(f) the Tonnage Measurement Convention, 1969;
(g) the Special Trade Passenger Ships Agreement, 1971 and its Protocol;
(h) the Convention on the International Regulations for Preventing Collisions at Sea, 1972;
(i) the International Convention on Maritime Search and Rescue, 1979 (SAR 1979);
(j) the Maritime Labour Convention, 2006; or
(k) any other convention relating to survey, audit or certification as may be prescribed.
(a) the Safety Convention;
(b) the MARPOL Convention;
(c) the Anti-Fouling Systems Convention;
(d) the Ballast Water Management Convention;
(e) the Load Lines Conventions;
(f) the Tonnage Measurement Convention, 1969;
(g) the Special Trade Passenger Ships Agreement, 1971 and its Protocol;
(h) the Convention on the International Regulations for Preventing Collisions at Sea, 1972;
(i) the International Convention on Maritime Search and Rescue, 1979 (SAR 1979);
(j) the Maritime Labour Convention, 2006; or
(k) any other convention relating to survey, audit or certification as may be prescribed.
Section 148 Recognition of certificates granted outside India.
A valid certificate granted under a convention in respect of a vessel other than an Indian vessel by the Government of the State to which the vessel belongs, shall subject to such rules as the Central Government may make in this behalf, have the same effect in India as the corresponding certificates granted in respect of an Indian vessel.
Section 149 Grant of certificate to foreign vessels in India and Indian vessels in foreign States.
(1) The Central Government may, at the request of the Government of a State to which a convention applies, cause an appropriate convention certificate to be granted in respect of a vessel registered or to be registered in that State, if it is satisfied in like manner as in the case of an Indian vessel that such certificate may be granted and where a certificate is granted at such a request, it shall contain a statement to that effect.
(2) The Central Government may request the Government of a State to which a convention applies to grant an appropriate convention certificate in respect of a vessel registered or to be registered in India and a certificate granted in pursuance of such a request shall have effect for the purposes of this Act, as if it had been granted by the Central Government.
Explanation.---For the purposes of this section, "convention certificate" means a certificate granted under the provisions of any convention.
(2) The Central Government may request the Government of a State to which a convention applies to grant an appropriate convention certificate in respect of a vessel registered or to be registered in India and a certificate granted in pursuance of such a request shall have effect for the purposes of this Act, as if it had been granted by the Central Government.
Explanation.---For the purposes of this section, "convention certificate" means a certificate granted under the provisions of any convention.
Section 150 Power to call for information.
(1) The Central Government, surveyor, or any other person authorised in this behalf, shall have the power to require the master of a vessel to which this Part applies, to give such information as may be required to ensure compliance with the provisions of this Part.
(2) The surveyor or any other person empowered under sub-section (1), shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:---
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring discovery and production of any document;
(c) receiving evidence on affidavit;
(d) any other matter which is required to be or may be prescribed.
(3) Any person who refuses or fails to give the information referred to in sub-section (1), shall be liable for a penalty under this Act.
(2) The surveyor or any other person empowered under sub-section (1), shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:---
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring discovery and production of any document;
(c) receiving evidence on affidavit;
(d) any other matter which is required to be or may be prescribed.
(3) Any person who refuses or fails to give the information referred to in sub-section (1), shall be liable for a penalty under this Act.
Section 151 Power to conduct inspections.
(1) The Central Government may, by notification, appoint such persons to conduct inspections of any vessel to which this Part applies, in order to ---
(a) verify whether the vessel has violated any provisions of this Act or rules made thereunder;
(b) comply with the request of a contracting party to any convention, agreement or treaty referred to in section 147, for an investigation as to violation of any provisions of such convention, agreement or treaty, by an Indian vessel;
(c) comply with such other matter as may be prescribed.
(2) The violation noticed in the inspection conducted under sub-section (1) shall be reported to the Central Government in such form and manner as may be prescribed.
(3) The Central Government may, upon receipt of the report under sub-section (2), take any action or direct the master of the vessel to take such action as may be required.
(a) verify whether the vessel has violated any provisions of this Act or rules made thereunder;
(b) comply with the request of a contracting party to any convention, agreement or treaty referred to in section 147, for an investigation as to violation of any provisions of such convention, agreement or treaty, by an Indian vessel;
(c) comply with such other matter as may be prescribed.
(2) The violation noticed in the inspection conducted under sub-section (1) shall be reported to the Central Government in such form and manner as may be prescribed.
(3) The Central Government may, upon receipt of the report under sub-section (2), take any action or direct the master of the vessel to take such action as may be required.
Section 152 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 requirements for different classes of vessels, company or ports for survey, audit and certification under sub-section (1) of section 144;
(b) the manner of re-survey, audit and certification of vessel, company or port and modification, revocation, suspension, cancellation or surrender of the certificates and documents under sub-section (4) of section 144;
(c) the certificates to be possessed by a vessel, company or port under section 145;
(d) any other convention relating to survey, audit or certification under clause (k) of section 147;
(e) any other power of the surveyor or other person under clause (d) of sub-section (2) of section 150;
(f) any other matter for compliance of which inspections may be conducted under clause (c) of sub-section (1) of section 151;
(g) the form and manner of report to be made to the Central Government under sub-section (2) of section 151;
(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 requirements for different classes of vessels, company or ports for survey, audit and certification under sub-section (1) of section 144;
(b) the manner of re-survey, audit and certification of vessel, company or port and modification, revocation, suspension, cancellation or surrender of the certificates and documents under sub-section (4) of section 144;
(c) the certificates to be possessed by a vessel, company or port under section 145;
(d) any other convention relating to survey, audit or certification under clause (k) of section 147;
(e) any other power of the surveyor or other person under clause (d) of sub-section (2) of section 150;
(f) any other matter for compliance of which inspections may be conducted under clause (c) of sub-section (1) of section 151;
(g) the form and manner of report to be made to the Central Government under sub-section (2) of section 151;
(h) any other matter which is required to be or may be prescribed.
Section 153 Application of this Chapter.
(1) This Chapter shall apply to,---
(a) Indian vessels; and
(b) any vessel other than an Indian vessel while it is at a port or place in India including the coastal waters.
(2) All claims arising out of pollution damage under Chapter III or Chapter IV of this Part shall be adjudicated in accordance with the provisions of those Chapters.
(a) Indian vessels; and
(b) any vessel other than an Indian vessel while it is at a port or place in India including the coastal waters.
(2) All claims arising out of pollution damage under Chapter III or Chapter IV of this Part shall be adjudicated in accordance with the provisions of those Chapters.
Section 154 Apportionment of liability.
(1) Each vessel shall bear its own damage if the collision is accidental or the cause of the collision is not determined.
(2) If the collision is caused by the fault of one of the vessels, the liability to make good the damages or loss caused to one or more of those vessels or to their cargo or to any property of the seafarers, passengers or other persons onboard or the liability for loss of life or personal injury, shall be of the vessel which has committed the fault.
(3) If the collision is caused by the fault of two or more vessels, the liability of each vessel, to make good the damages or loss caused to one or more of those vessels or to their cargo or to any property of the seafarers, passengers or other persons onboard or the liability for loss of life or personal injury, shall be in proportion to the degree of faults respectively committed by each such vessel:
Provided that if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.
(4) For the purposes of this Chapter, for any maritime claim arising out of collision between vessels, the High Court may, in the course of proceedings under this Act, assign all or any of the following duties to any assessors, appointed by the Central Government under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of 2017), namely:---
(a) determination of fault, including the degree of fault attributable to each vessel;
(b) attend the proceedings and present their written findings before the High Court; and
(c) any other duties as may be assigned by the High Court.
(2) If the collision is caused by the fault of one of the vessels, the liability to make good the damages or loss caused to one or more of those vessels or to their cargo or to any property of the seafarers, passengers or other persons onboard or the liability for loss of life or personal injury, shall be of the vessel which has committed the fault.
(3) If the collision is caused by the fault of two or more vessels, the liability of each vessel, to make good the damages or loss caused to one or more of those vessels or to their cargo or to any property of the seafarers, passengers or other persons onboard or the liability for loss of life or personal injury, shall be in proportion to the degree of faults respectively committed by each such vessel:
Provided that if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.
(4) For the purposes of this Chapter, for any maritime claim arising out of collision between vessels, the High Court may, in the course of proceedings under this Act, assign all or any of the following duties to any assessors, appointed by the Central Government under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of 2017), namely:---
(a) determination of fault, including the degree of fault attributable to each vessel;
(b) attend the proceedings and present their written findings before the High Court; and
(c) any other duties as may be assigned by the High Court.
Section 155 Damage or loss of vessel, cargo or property.
(1) Whenever, by fault of two or more vessels, damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property of the seafarers, passengers or other persons onboard one or more of them, the liability, including liability to third parties, to make good the damage or loss shall be in proportion to the degree in which each vessel was at fault.
(2) Nothing in this section shall be construed to render any vessel liable for any loss or damage to which her fault has not contributed.
(3) Nothing in this section shall affect the liability of any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.
(4) For the purposes of this Chapter, references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses consequent upon that fault, recoverable under any law for the time being in force by way of damages.
(2) Nothing in this section shall be construed to render any vessel liable for any loss or damage to which her fault has not contributed.
(3) Nothing in this section shall affect the liability of any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by any provision of law, or as affecting the right of any person to limit his liability in the manner provided by law.
(4) For the purposes of this Chapter, references to damage or loss caused by the fault of a vessel shall be construed as including references to any salvage or other expenses consequent upon that fault, recoverable under any law for the time being in force by way of damages.
Section 156 Joint and several liability for loss of life or personal injury.
(1) Whenever loss of life or personal injuries are suffered by any person onboard a vessel owing to the fault of that vessel and any other vessel, the liability to third parties, of the owners of the vessels concerned shall be joint and several.
(2) Nothing in this section shall be construed as depriving any person of any right of defence on which he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates.
(2) Nothing in this section shall be construed as depriving any person of any right of defence on which he might have relied in an action brought against him by the person injured, or any person entitled to sue in respect of such loss of life, or shall affect the right of any person to limit his liability in cases to which this section relates.
Section 157 Right of contribution.
(1) Whenever loss of life or personal injuries are suffered by a person onboard a vessel owing to the fault of that vessel and of any other vessel and a proportion of the damages is recovered from the owner of one of the vessels which exceeds the proportion in which she was in fault, the said owner may recover by way of contribution the amount of the excess from the owners of the other vessels to the extent to which those vessels were respectively in fault:
Provided that no amount shall be so recovered which shall not, by reason of any statutory or contractual limitation of, or exemption from, liability or which shall not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.
(2) In addition to any other remedy provided by law for the time being in force, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.
Provided that no amount shall be so recovered which shall not, by reason of any statutory or contractual limitation of, or exemption from, liability or which shall not for any other reason, have been recovered in the first instance as damages by the persons entitled to sue therefor.
(2) In addition to any other remedy provided by law for the time being in force, the person entitled to any contribution under sub-section (1) shall, for the purpose of recovering the contribution, have subject to the provisions of this Act, the same rights and powers as the persons entitled to sue for damages in the first instance.
Section 158 Duty of master of vessel to assist in case of collision.
(1) In every case of collision between two vessels, it shall be the duty of the master or person in-charge of each vessel in and so far as he can do so without danger to his own vessel, seafarers and passengers, if any,---
(a) to render to the other vessel, her master, seafarers and passengers, if any, such assistance as may be practicable and necessary to save them from any danger caused by the collision and to stay by the other vessel until he has ascertained that she has no need of further assistance; and
(b) to give to the masters or persons in-charge of the other vessels, the name of his own vessel and of the port to which she belongs and also from which she comes and to which she is bound.
(2) The failure of the master of a vessel to comply with the provisions of this section shall not raise any presumption of liability under this Chapter.
(a) to render to the other vessel, her master, seafarers and passengers, if any, such assistance as may be practicable and necessary to save them from any danger caused by the collision and to stay by the other vessel until he has ascertained that she has no need of further assistance; and
(b) to give to the masters or persons in-charge of the other vessels, the name of his own vessel and of the port to which she belongs and also from which she comes and to which she is bound.
(2) The failure of the master of a vessel to comply with the provisions of this section shall not raise any presumption of liability under this Chapter.
Section 159 Collision to be entered in official logbook.
In every case of collision in which it is practicable so to do, the master of every vessel shall immediately after the occurrence, cause a statement thereof and of the circumstances under which the same occurred, to be entered in the official logbook, if any, and the entry shall be signed by the master and also by the officer on watch or one of the seafarers
Section 160 Report to Director-General of accidents to vessels.
When an Indian vessel or other vessels to which this Chapter applies, has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or her efficiency either in her hull or is so altered in any part of her machinery as not to correspond with the particulars contained in any of the certificates granted under this Act in respect of the vessel, the master or ship owner or his agent shall, within such time as may be prescribed, after the happening of the accident or damage or as soon thereafter as possible, transmit to the Director-General or the nearest principal officer a report of the accident or damage and of the probable cause thereof stating the name of the vessel, her official number, if any, her port of registry and the place where she is.