The Merchant Shipping Act, 2025
Administered Ministry: Ministry of Ports, Shipping and Waterways
Section
Section 161 Notice of loss of Indian vessel to be given to Director-General.
If the owner or agent of any Indian vessel has reason, owing to the non-appearance of the vessel or to any other circumstance, to apprehend that the vessel is wholly lost, he shall as soon as may be, send notice in writing to the Director-General relating to the loss and the cause of such loss stating the name of the vessel, her official number, if any, and her port of registry
Section 162 Limitation of liability for damages in respect of certain claims.
(1) The ship owner or salvor or any person for whose act, neglect or default, the ship owner or salvor, or any such person is responsible, and the insurer of liability for such claims, may limit his liability for claims in respect of---
(a) loss of life or personal injury or loss of or damage to property including damage to harbour works, basins and waterways and aids to navigation, occurring onboard or in direct connection with the operation of the vessels or with salvage operations and consequential loss resulting therefrom;
(b) loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;
(c) other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the vessel or salvage operations;
(d) the raising, removal, destruction or the rendering harmless of a vessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been onboard such vessel;
(e) the removal, destruction or the rendering harmless of the cargo of the vessel;
(f) a person other than the person liable in respect of measures taken in order to avert or minimise loss for which the person liable may limit his liability in accordance with the Limitation of Liability for Maritime Claims Convention and further loss caused by such measures.
(2) The claims set out under sub-section (1) shall be subject to limitation of liability, even if brought by way of recourse or for indemnity under a contract or otherwise:
Provided that claims set out under clauses (d), (e) and (f) of sub-section (1) shall not be subject to limitation of liability to the extent they relate to remuneration under a contract with the person liable.
(3) Nothing in this section shall apply to,---
(a) claims for salvage, including any claim for special compensation under Article 14 of the Salvage Convention, or contribution in general average;
(b) claims for oil pollution damage under Chapter III of this Part relating to civil liability for oil pollution damage;
(c) claims subject to any convention or any law for the time being in force in India governing or prohibiting limitation of liability for nuclear damage;
(d) claims against the ship owner of a nuclear vessel for nuclear damage;
(e) claims by servant of the ship owner or salvor whose duties are connected with the vessel or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the ship owner or salvor and such servants, the ship owner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided in the Limitation of Liability for Maritime Claims Convention or the rules made under sections 165 and 166.
Explanation 1.---For the purposes of this section, the act of invoking limitation of liability shall not be an admission of liability.
Explanation 2.---For the purposes of this Chapter, ---
(a) the liability of a ship owner shall include the liability in an action brought against the vessel herself;
(b) "ship owner" means the owner, charterer, manager or operator of a sea-going vessel.
(a) loss of life or personal injury or loss of or damage to property including damage to harbour works, basins and waterways and aids to navigation, occurring onboard or in direct connection with the operation of the vessels or with salvage operations and consequential loss resulting therefrom;
(b) loss resulting from delay in the carriage by sea of cargo, passengers or their luggage;
(c) other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the vessel or salvage operations;
(d) the raising, removal, destruction or the rendering harmless of a vessel which is sunk, wrecked, stranded or abandoned, including anything that is or has been onboard such vessel;
(e) the removal, destruction or the rendering harmless of the cargo of the vessel;
(f) a person other than the person liable in respect of measures taken in order to avert or minimise loss for which the person liable may limit his liability in accordance with the Limitation of Liability for Maritime Claims Convention and further loss caused by such measures.
(2) The claims set out under sub-section (1) shall be subject to limitation of liability, even if brought by way of recourse or for indemnity under a contract or otherwise:
Provided that claims set out under clauses (d), (e) and (f) of sub-section (1) shall not be subject to limitation of liability to the extent they relate to remuneration under a contract with the person liable.
(3) Nothing in this section shall apply to,---
(a) claims for salvage, including any claim for special compensation under Article 14 of the Salvage Convention, or contribution in general average;
(b) claims for oil pollution damage under Chapter III of this Part relating to civil liability for oil pollution damage;
(c) claims subject to any convention or any law for the time being in force in India governing or prohibiting limitation of liability for nuclear damage;
(d) claims against the ship owner of a nuclear vessel for nuclear damage;
(e) claims by servant of the ship owner or salvor whose duties are connected with the vessel or the salvage operations, including claims of their heirs, dependants or other persons entitled to make such claims, if under the law governing the contract of service between the ship owner or salvor and such servants, the ship owner or salvor is not entitled to limit his liability in respect of such claims, or if he is by such law only permitted to limit his liability to an amount greater than that provided in the Limitation of Liability for Maritime Claims Convention or the rules made under sections 165 and 166.
Explanation 1.---For the purposes of this section, the act of invoking limitation of liability shall not be an admission of liability.
Explanation 2.---For the purposes of this Chapter, ---
(a) the liability of a ship owner shall include the liability in an action brought against the vessel herself;
(b) "ship owner" means the owner, charterer, manager or operator of a sea-going vessel.
Section 163 Conduct barring limitation.
A person shall not be entitled to limit his liability under section 162, if it is proved that the loss resulted from his personal act or omission, committed with the intent to cause such loss, or committed recklessly and with knowledge that such loss is likely to resul
Section 164 Counter claims.
Where a person entitled to limitation of liability under this Chapter has a claim against the claimant arising out of the same occurrence, their respective claims shall be set off against each other and the provisions of this Chapter shall apply only to the balance, if any.
Section 165 Limits of liability.
(1) The limits of liability for claims other than passenger claims under section 166 arising on any distinct occasion, shall be calculated in accordance with the provisions of the Limitation of Liability for Maritime Claims Convention:
Provided that in cases where the provisions of the Limitation of Liability for Maritime Claims Convention are not applicable, the limit of liability shall be such as may be prescribed.
(2) Where the amount calculated in respect of claims for loss of life or personal injury is insufficient to pay such claims in full, the amount calculated in respect of other claims shall be available for payment of the unpaid balance of claims in respect of claims for loss of life or personal injury and such unpaid balance shall rank rateably with claims in respect of other claims.
(3) Without prejudice to the right of claims for loss of life or personal injury under sub-section (2), the claims in respect of damage to harbour works, basins, waterways and aids to navigation shall have priority over other claims.
(4) The limits of liability for any salvor not operating from any vessel or for any salvor operating solely on the vessel to, or in respect of which he is rendering salvage services, shall be calculated according to gross tonnage as provided in the Convention on Limitation of Liability for Maritime Claims.
Provided that in cases where the provisions of the Limitation of Liability for Maritime Claims Convention are not applicable, the limit of liability shall be such as may be prescribed.
(2) Where the amount calculated in respect of claims for loss of life or personal injury is insufficient to pay such claims in full, the amount calculated in respect of other claims shall be available for payment of the unpaid balance of claims in respect of claims for loss of life or personal injury and such unpaid balance shall rank rateably with claims in respect of other claims.
(3) Without prejudice to the right of claims for loss of life or personal injury under sub-section (2), the claims in respect of damage to harbour works, basins, waterways and aids to navigation shall have priority over other claims.
(4) The limits of liability for any salvor not operating from any vessel or for any salvor operating solely on the vessel to, or in respect of which he is rendering salvage services, shall be calculated according to gross tonnage as provided in the Convention on Limitation of Liability for Maritime Claims.
Section 166 Limit for passenger claims.
In respect of claims arising on any distinct occasion for loss of life or personal injury to passengers of a vessel, the limit of liability of the owner thereof shall be such as may be prescribed.
Explanation.---For the purposes of this section, "claims arising on any distinct occasion for loss of life or personal injury to passengers of a vessel" shall mean any claim brought by or on behalf of any person carried in that vessel,---
(a) under a contract of passenger carriage; or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.
Explanation.---For the purposes of this section, "claims arising on any distinct occasion for loss of life or personal injury to passengers of a vessel" shall mean any claim brought by or on behalf of any person carried in that vessel,---
(a) under a contract of passenger carriage; or
(b) who, with the consent of the carrier, is accompanying a vehicle or live animals which are covered by a contract for the carriage of goods.
Section 167 Aggregation of claims.
(1) The limits of liability determined under section 165 shall apply to the aggregate of all claims which arise on any distinct occasion,---
(a) against the person or any person for whose act, neglect or default, he is responsible; or
(b) against a ship owner rendering salvage services from that vessel and a salvor operating from such vessel and any person for whose act, neglect or default he is responsible; or
(c) against the salvor who is not operating from a vessel or who is operating solely on the vessel in respect of which the salvage services are rendered and any person for whose act, neglect or default, such salvor is responsible.
(2) The limits of liability determined under section 165 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the ship owner in respect of the vessel referred to in that section and any person for whose act, neglect or default he is responsible.
(a) against the person or any person for whose act, neglect or default, he is responsible; or
(b) against a ship owner rendering salvage services from that vessel and a salvor operating from such vessel and any person for whose act, neglect or default he is responsible; or
(c) against the salvor who is not operating from a vessel or who is operating solely on the vessel in respect of which the salvage services are rendered and any person for whose act, neglect or default, such salvor is responsible.
(2) The limits of liability determined under section 165 shall apply to the aggregate of all claims subject thereto which may arise on any distinct occasion against the ship owner in respect of the vessel referred to in that section and any person for whose act, neglect or default he is responsible.
Section 168 Constitution of limitation fund.
(1) Any person alleged to be liable may constitute a fund with the Central Government or the High Court in which legal proceedings are instituted or expected to be instituted in respect of claims which can be limited under this Chapter.
(2) The fund shall be constituted in the sum of the amounts calculated in accordance with the provisions of section 165 or section 166, read with section 167, as are applicable to claims for which limitation of liability is invoked and which arise from the same distinct occasion, together with interest at such rate as may be notified by the Central Government thereon from the date of occurrence giving rise to the liability until the date of the constitution of the fund.
(3) The limitation fund of the value calculated in accordance with sub-section (2) or stipulated by the High Court or the Central Government, shall be constituted by---
(a) depositing the amount; or
(b) producing a guarantee acceptable under any law for the time being in force and considered to be adequate by the High Court or the Central Government.
(4) The fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked.
(5) The fund constituted by one of the persons or ship owner or salvors referred to in section 167, or his insurer, shall be deemed to be constituted by all such persons or ship owners or salvors or their insurers.
(2) The fund shall be constituted in the sum of the amounts calculated in accordance with the provisions of section 165 or section 166, read with section 167, as are applicable to claims for which limitation of liability is invoked and which arise from the same distinct occasion, together with interest at such rate as may be notified by the Central Government thereon from the date of occurrence giving rise to the liability until the date of the constitution of the fund.
(3) The limitation fund of the value calculated in accordance with sub-section (2) or stipulated by the High Court or the Central Government, shall be constituted by---
(a) depositing the amount; or
(b) producing a guarantee acceptable under any law for the time being in force and considered to be adequate by the High Court or the Central Government.
(4) The fund so constituted shall be available only for the payment of claims in respect of which limitation of liability may be invoked.
(5) The fund constituted by one of the persons or ship owner or salvors referred to in section 167, or his insurer, shall be deemed to be constituted by all such persons or ship owners or salvors or their insurers.
Section 169 Limitation of liability without constitution of a limitation fund.
(1) Limitation of liability may be invoked notwithstanding that a limitation fund has not been constituted under section 168.
(2) In case the right to limitation of liability is invoked without the constitution of a limitation fund under section 168,---
(a) the High Court shall adjudicate each claim for its full proven amount and declare the right of the person liable to limit his liability and for the purpose of enforcement, the amount of limitation shall be applicable to the respective claims; and
(b) the claimant shall not be barred from taking other action in respect of such claims.
(3) Section 171 shall not be applicable unless a limitation fund is constituted under section 168.
(2) In case the right to limitation of liability is invoked without the constitution of a limitation fund under section 168,---
(a) the High Court shall adjudicate each claim for its full proven amount and declare the right of the person liable to limit his liability and for the purpose of enforcement, the amount of limitation shall be applicable to the respective claims; and
(b) the claimant shall not be barred from taking other action in respect of such claims.
(3) Section 171 shall not be applicable unless a limitation fund is constituted under section 168.
Section 170 Distribution of fund.
(1) Subject to the limits of liability under sections 165 and 166, the fund shall be distributed among the claimants in proportion to their established claims.
(2) No lien or other right in respect of any vessel or property shall affect the proportions in which the fund is distributed among several claimants under this section.
(3) If before the fund is distributed, the person liable or his insurer has settled a claim against the fund, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Chapter.
(4) The right of subrogation under sub-section (3) may also be exercised by any person other than the person liable or his insurers in respect of any amount of compensation which such person may have paid.
(5) Where the person liable or any other person establishes that he may be compelled to pay at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation under this section had the compensation been paid before the fund was distributed, the High Court or the Central Government where the fund is constituted may order that a sufficient sum be provisionally set aside to enable such person to enforce his claim against the fund at such later date.
(2) No lien or other right in respect of any vessel or property shall affect the proportions in which the fund is distributed among several claimants under this section.
(3) If before the fund is distributed, the person liable or his insurer has settled a claim against the fund, such person shall, up to the amount he has paid, acquire by subrogation the rights which the person so compensated would have enjoyed under this Chapter.
(4) The right of subrogation under sub-section (3) may also be exercised by any person other than the person liable or his insurers in respect of any amount of compensation which such person may have paid.
(5) Where the person liable or any other person establishes that he may be compelled to pay at a later date, in whole or in part any such amount of compensation with regard to which such person would have enjoyed a right of subrogation under this section had the compensation been paid before the fund was distributed, the High Court or the Central Government where the fund is constituted may order that a sufficient sum be provisionally set aside to enable such person to enforce his claim against the fund at such later date.
Section 171 Bar to other actions.
(1) Where a fund is constituted under section 168, any person having made a claim against the fund shall be barred from exercising any right in respect of such claim against any other vessel or property of a person by or on behalf of whom the fund was constituted.
(2) After a fund is constituted under section 168, if any vessel or other property, belonging to a person on behalf of whom the fund was constituted, is arrested or attached for a claim which may be raised against the fund, or any security given, may be released by an order of the High Court and such release shall always be ordered by the High Court whether or not the fund was constituted with the same or any other High Court or with the Central Government.
(3) The provisions of sub-sections (1) and (2) shall apply only if the claimant makes a claim against the fund before the High Court or the Central Government administering that fund and the fund is actually available and freely transferable in respect of that claim.
(2) After a fund is constituted under section 168, if any vessel or other property, belonging to a person on behalf of whom the fund was constituted, is arrested or attached for a claim which may be raised against the fund, or any security given, may be released by an order of the High Court and such release shall always be ordered by the High Court whether or not the fund was constituted with the same or any other High Court or with the Central Government.
(3) The provisions of sub-sections (1) and (2) shall apply only if the claimant makes a claim against the fund before the High Court or the Central Government administering that fund and the fund is actually available and freely transferable in respect of that claim.
Section 172 Compulsory insurance or other financial security for maritime claims subject to limitation.
(1) Every registered owner of an Indian vessel and of any vessel other than an Indian vessel entering or departing a port in India or operating in the coastal waters shall maintain compulsory insurance or such other financial security from an insurer or organisation as may be prescribed, in respect of such vessel.
(2) The insurance shall cover maritime claims subject to limitation specified under section 162.
(3) The amount of insurance for each and every vessel per incident shall be at least equal to the relevant maximum amount for the limitation of liability provided under section 165 and for passenger claims the relevant maximum amount for the limitation of liability under section 166.
(4) Any vessel departing a port in India in contravention of this section shall be liable to be detained by such authority as may be prescribed.
(2) The insurance shall cover maritime claims subject to limitation specified under section 162.
(3) The amount of insurance for each and every vessel per incident shall be at least equal to the relevant maximum amount for the limitation of liability provided under section 165 and for passenger claims the relevant maximum amount for the limitation of liability under section 166.
(4) Any vessel departing a port in India in contravention of this section shall be liable to be detained by such authority as may be prescribed.
Section 173 Scope of application of this Chapter.
(1) The provisions of this Chapter shall apply to any person referred to in section 162 who seeks to limit his liability before the High Court or seeks to procure the release of a vessel or other property or the discharge of any security given within India but shall not apply to any person who does not have---
(a) habitual residence in India; or
(b) principal place of business in India; or
(c) any vessel in relation to which the right of limitation is invoked or whose release is sought and which does not fly the flag of a State which is a party to the Convention on Limitation of Liability for Maritime Claims,
at the time of invocation of the provisions of this Chapter.
(2) The provisions of this Chapter shall not apply to air-cushion vehicles or floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the sub-soil thereof.
(a) habitual residence in India; or
(b) principal place of business in India; or
(c) any vessel in relation to which the right of limitation is invoked or whose release is sought and which does not fly the flag of a State which is a party to the Convention on Limitation of Liability for Maritime Claims,
at the time of invocation of the provisions of this Chapter.
(2) The provisions of this Chapter shall not apply to air-cushion vehicles or floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the sub-soil thereof.
Section 174 Power to make rules for matters under Chapters I and II of this Part.
(1) The Central Government may make rules to carry out the provisions of Chapter I and this Chapter.
(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 time within which the master or ship owner or his agent shall report the accident to the Director-General or the nearest principal officer under section 160;
(b) the limits of liability in cases where the provisions of the Limitation of Liability for Maritime Claims Convention are not applicable under the proviso to sub-section (1) of section 165;
(c) the limit of liability of the ship owner for loss of life or personal injury to passengers of a vessel under section 166;
(d) insurer or other organisation and other financial security whose insurance is acceptable under sub-section (1) of section 172;
(e) the authority competent to detain any vessel under sub-section (4) of section 172;
(f) 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 time within which the master or ship owner or his agent shall report the accident to the Director-General or the nearest principal officer under section 160;
(b) the limits of liability in cases where the provisions of the Limitation of Liability for Maritime Claims Convention are not applicable under the proviso to sub-section (1) of section 165;
(c) the limit of liability of the ship owner for loss of life or personal injury to passengers of a vessel under section 166;
(d) insurer or other organisation and other financial security whose insurance is acceptable under sub-section (1) of section 172;
(e) the authority competent to detain any vessel under sub-section (4) of section 172;
(f) any other matter which is required to be or may be prescribed.
Section 175 Application of this Chapter.
This Chapter shall apply to,---
(a) pollution damage caused by,---
(i) Indian vessel within the jurisdiction of any contracting party to the Civil Liability Convention; and
(ii) Indian vessel and any ship while it is at a port or place in India including the coastal waters, extending not more than two hundred nautical miles from the baseline;
(b) preventive measures, wherever taken, to prevent or minimise such pollution damage.
(a) pollution damage caused by,---
(i) Indian vessel within the jurisdiction of any contracting party to the Civil Liability Convention; and
(ii) Indian vessel and any ship while it is at a port or place in India including the coastal waters, extending not more than two hundred nautical miles from the baseline;
(b) preventive measures, wherever taken, to prevent or minimise such pollution damage.
Section 176 Definitions.
In this Chapter, unless the context otherwise requires,---
(a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;
(b) "oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil whether carried onboard a ship as cargo or in the bunkers of such ship;
(c) "person" means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent sub-divisions;
(d) "pollution damage" means,---
(i) loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge occurs:
Provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and
(ii) the costs of preventive measures and further loss or damage caused by preventive measures;
(e) "preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimise pollution damage;
(f) "ship" means any sea-going vessel and seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo:
Provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard;
(g) "ship owner" means,---
(i) the person registered as the owner of the ship; or
(ii) in the absence of registration, the person owning the ship; or
(iii) in the case of a ship owned by any State, the persons registered in that State as the operator of such ship.
(a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;
(b) "oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil whether carried onboard a ship as cargo or in the bunkers of such ship;
(c) "person" means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent sub-divisions;
(d) "pollution damage" means,---
(i) loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge occurs:
Provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and
(ii) the costs of preventive measures and further loss or damage caused by preventive measures;
(e) "preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimise pollution damage;
(f) "ship" means any sea-going vessel and seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo:
Provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard;
(g) "ship owner" means,---
(i) the person registered as the owner of the ship; or
(ii) in the absence of registration, the person owning the ship; or
(iii) in the case of a ship owned by any State, the persons registered in that State as the operator of such ship.
Section 177 Liability of ship owner.
(1) Save as otherwise provided in sub-sections (2) and (3), the ship owner shall be liable for any pollution damage caused by the ship as a result of the incident and where the incident consists of a series of occurrences, from the time of the first of such occurrences.
(2) No liability for pollution damage shall be attached to the ship owner, if he proves that the pollution damage,---
(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) was wholly caused by an act or omission done with intent to cause damage by a third party; or
(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
(3) Where the ship owner proves that the pollution damage resulted either wholly or partially from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the ship owner may be exonerated wholly or partially from his liability to such person.
(4) No claim for compensation for pollution damage may be made against the ship owner otherwise than in accordance with the provisions of this Chapter.
(5) Subject to sub-section (6), no claim for compensation for pollution damage under this Chapter or otherwise may be made against,---
(a) the servants or agents of the ship owner or the seafarers;
(b) the pilot or any other person who, not being a seafarer, performs services for the ship;
(c) any charterer (howsoever described including a bareboat charterer), manager or operator of the ship;
(d) any person performing salvage operations with the consent of the ship owner or on the instructions of a competent public authority;
(e) any person taking preventive measures;
(f) any servant or agent of persons mentioned in clauses (c), (d) and (e),
unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or committed recklessly and with knowledge that such damage is likely to result.
(6) Nothing in this Chapter shall prejudice any right of recourse of the ship owner against third parties.
(2) No liability for pollution damage shall be attached to the ship owner, if he proves that the pollution damage,---
(a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or
(b) was wholly caused by an act or omission done with intent to cause damage by a third party; or
(c) was wholly caused by the negligence or other wrongful act of any Government or other authority responsible for the maintenance of lights or other navigational aids in the exercise of that function.
(3) Where the ship owner proves that the pollution damage resulted either wholly or partially from an act or omission done with intent to cause damage by the person who suffered the damage or from the negligence of that person, the ship owner may be exonerated wholly or partially from his liability to such person.
(4) No claim for compensation for pollution damage may be made against the ship owner otherwise than in accordance with the provisions of this Chapter.
(5) Subject to sub-section (6), no claim for compensation for pollution damage under this Chapter or otherwise may be made against,---
(a) the servants or agents of the ship owner or the seafarers;
(b) the pilot or any other person who, not being a seafarer, performs services for the ship;
(c) any charterer (howsoever described including a bareboat charterer), manager or operator of the ship;
(d) any person performing salvage operations with the consent of the ship owner or on the instructions of a competent public authority;
(e) any person taking preventive measures;
(f) any servant or agent of persons mentioned in clauses (c), (d) and (e),
unless the damage resulted from their personal act or omission, committed with the intent to cause such damage, or committed recklessly and with knowledge that such damage is likely to result.
(6) Nothing in this Chapter shall prejudice any right of recourse of the ship owner against third parties.
Section 178 Joint and several liability for ships.
When an incident involving two or more ships occur and pollution damage results therefrom, all the ship owners concerned, unless exonerated under sub-section (3) of section 177, shall be jointly and severally liable for all such damage which is not reasonably separable
Section 179 Jurisdiction of High Court.
(1) The admiralty jurisdiction of the respective High Courts under the Admiralty (Jurisdiction and Settlement of Maritime Claims) Act, 2017 (22 of 2017), shall be deemed to extend to any claim for liability arising under this Chapter and shall also extend to any case arising out of such claim, including the constitution of a limitation fund (hereafter in this Chapter referred to as fund) by the ship owner.
(2) All claims arising out of an incident of oil pollution, including the constitution of a fund, shall be made in the High Court having jurisdiction over the pollution damage and if the pollution damage occurs in the Exclusive Economic Zone, or more than one High Court has jurisdiction over such pollution damage, the claim may be made in the High Court which has jurisdiction over the port or place where the ship responsible for such pollution damage is detained.
(2) All claims arising out of an incident of oil pollution, including the constitution of a fund, shall be made in the High Court having jurisdiction over the pollution damage and if the pollution damage occurs in the Exclusive Economic Zone, or more than one High Court has jurisdiction over such pollution damage, the claim may be made in the High Court which has jurisdiction over the port or place where the ship responsible for such pollution damage is detained.
Section 180 Jurisdiction where pollution damage occurs in two or more States.
Where pollution damage occurs in the territory of one or more other contracting parties to the Civil Liability Convention, or preventive measures have been taken to prevent or minimise pollution damage in the territory of such contracting parties, claims for compensation may be brought in the courts of any such contracting party:
Provided that once a fund is established in India in accordance with the provisions of this Chapter, only the High Court or the Central Government shall have jurisdiction to determine matters relating to apportionment and distribution of the fund.
Provided that once a fund is established in India in accordance with the provisions of this Chapter, only the High Court or the Central Government shall have jurisdiction to determine matters relating to apportionment and distribution of the fund.