86540
Lawyers Network
103860
Users
630
Cities Serving
114
Law Schools Network
59824
MERCHANT SHIPPING (AMENDMENT) ACT, 2002
No. 63 OF 2002
An Act further to amend the Merchant Shipping Act, 1958, and the Major Port Trusts Act, 1963.
Be it enacted by Parliament in the Fifty-third Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
Short title and commencement.
1.(1) This Act may be called the Merchant Shipping (Amendment) Act, 2002.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
CHAPTER II
AMENDMENT OF THE MERCHANT SHIPPING ACT, 1958
44 of 1958.
Substitution of new section for section 76.
2. For section 76 of the Merchant Shipping Act, 1958 (hereinafter referred to as the principal Act), the following section shall be substituted, namely:-
76. (1) Every Indian ship, when going to sea from any port or place, shall be provided with officers duly certificated under this Act in accordance with such manning scales as may be prescribed:
Certificates of competency to be held by officers of ships
Provided that the Central Government may prescribe different manning scales for different types of ships.
(2) Every ship, whether at sea or in any port or place, shall engage such number of persons and with such qualifications as may be prescribed for maintaining watches.
Amendment of section 87. 3.
In section 87 of the principal Act, in sub-section (2), in clause (b), for the words by a ship, the words by different types of ships shall be substituted.
Amendment of section 95. 4.
In section 95 of the principal Act,-
Amendment of section 95.
(i) in sub-section (1), for clauses (a) and (b), the following clauses shall be substituted, namely:-
a. to issue licence, to regulate and control the recruitment and placement service, and to
i. ensure that no fees or other charges for recruitment or placement of seafarers are borne directly or indirectly or in whole or in part, by the seafarers;
ii. ensure that adequate machinery and procedures exist for the investigation, if necessary, of complaints concerning the activities of recruitment and placement services; and
iii. to maintain registers of seamen in respect of the categories of seamen.
(ii) sub-section (2) shall be omitted;
(iii) in sub-section (3), for clauses (b) and (c), the following clauses shall be substituted, namely:-
b. The levy and collection of such fees as may be specified for the issue of licences to recruitment and placement services, renewal of such licences and services to be rendered by the seamens employment office;
c. The issue of directions by the Central Government to any seamens employment office or any recruitment and placement service with reference to the exercise of any of its powers;
i. The conditions under which the recruitment and placement service to recruit and place seafarers abroad;
ii. circumstances and conditions under which licence to be suspended or withdrawn;
iii. conditions under which seafarers personal data to be processed by the recruitment and placement services including the collection, storage, combination and communication of such data to third parties;
(iv) after sub-section (3), the following Explanation shall be inserted, namely:--
Explanation.- For the purposes of this section,--
a. recruitment and placement service means any person, company, institution, agency or other organisation, in the public or private sector which is engaged in recruiting seafarers on behalf of employers or placing seafarers with employers;
b. seafarer means any person who fulfils the conditions to be employed or engaged in any capacity on board a sea-going ship other than a government ship used for military or non-commercial purposes.
Substitution of new section for section 97.
5. For section 97 of the principal Act, the following section shall be substituted, namely:-
Substitution of new section for section 97.
“97. (1) A person or company or organisation including a union purporting to represent the interests of seamen shall not demand or receive either directly or indirectly, from any seamen or person seeking employment as seamen or any person on his behalf, any remuneration or donation or fees or compulsory subscription of any kind attributable from such seamen or persons’ employment as seamen, other than the fees authorised by this Act.
(2) It shall be the duty of the company employing or proposing to employ persons as seamen to ensure that no money has been demanded or received by any person or company or organisation including the union purporting to represent the interests of seamen by way of any remuneration or donation or fees or compulsory subscription of any kind attributable to employment of such persons as seamen.”.
Insertion of new section 97A
6. After section 97 of the principal Act, the following section shall be inserted, namely:--. .
97A. There shall be no discrimination between seamen
a. on the ground of their membership or lack of membership in any particular union purporting to represent the interests of seamen and membership in such union shall not be pre-requisite condition;
b. on the basis of training institute from where they obtained training or place of issue of their continuous discharge certificates, Prohibition against discrimination.
Substitution of new sub-heading
7. For the sub-heading Safety certificates, safety equipment certificates, safety radio telegraphy certificates, safety radio telephony certificates, exemption certificates, etc. above section 299 of the principal Act, the following sub-heading shall be substituted, namely:-
Safety certificates, safety equipment certificates, safety radio certificates, exemption certificates, etc.
Amendment of section 299. .
8. In section 299 of the principal Act,-
a. in sub-section (1),-
i. for the words radio telegraphy or radio telephony installation and radio direction finder, the words radio installation shall be substituted;
ii. after the words safety certificate, the words and record of equipment for passenger ship certificate shall be added at the end;
b. in sub-section (3), the words or a pilgrim ship shall be omitted;
c. after sub-section (3), the following sub-section shall be inserted, namely:-
(4) The Certificates issued under sub-sections (1) and (2), sub-sections (1) and (2) of section 300 and section 301 shall be supplemented by a record of equipment in the prescribed form.
Amendment of section 299A
9. In section 299A of the principal Act,-
(a) in sub-section (1)-
i. for the words the Central Government, the words the Central Government or any person authorised by it in this behalf shall be substituted;
ii. for the words the Central Government , the words the Central Government or the authorised person shall be substituted;
(b) in sub-section (2),-
i. for the words of the Act and the Central Government, the words and the Central Government or any person authorised by it in this behalf shall be substituted;
ii. for the words the Central Government, the words the Central Government or the authorised person shall be substituted;
(c) after sub-section (2), the following sub-section shall be inserted, namely:-
(3) The owner of every ship in respect of which a certificate is issued under sub-section (1) or sub-section (2), sub-section (1) or sub-section (2) of section 300 or section 301 shall, so long as the certificate remains in force, cause the ship to be surveyed in the manner as specified in the Safety Convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be.
Substitution of new section for section 300
10. For section 300 of the principal Act, the following section shall be substituted, namely:--
Cargo ship safety equipment and cargo ship equipment certificates for ships other than passenger ship.
300. (1) If in respect of an Indian cargo ship the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with the provisions of this Act and the rules made there under relating to life saving and fire appliances applicable to such ship and is provided with lights and shapes and the means of making fog and distress signals required by the collision regulations, the Central Government or the authorised person may issue in respect of the ship-
a. if the ship is of five hundred tons gross or more and performs international voyages, a certificate in the prescribed form to be called a cargo ship safety equipment certificate;
b. in other cases, a certificate in the prescribed form to be called a cargo ship equipment certificate.
(2) Where, in respect of a ship referred to in sub-section (1), there is in force an exemption certificate granted under section 302 and the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with all the requirements referred to in that sub-section other than those from which the ship is exempt under that certificate, the Central Government or the authorised person may issue a certificate in the prescribed form to be called a qualified cargo ship safety equipment or a qualified cargo ship equipment certificate, as the case may be.
Substitution of new section for section 301.
11. For section 301 of the principal Act, the following section shall be substituted, namely:-
Cargo ship safety radio certificate and qualified cargo ship safety radio certificate, etc.
301. The owner or master of any Indian cargo ship, which is required by the provisions of section 291 to be provided with a radio installation shall, if the Central Government or any person authorised by it in this behalf is satisfied that the ship complies with all the provisions of this Act and the rules made thereunder relating to radio installation applicable to such ship, receive-
a. in the case of a ship of three hundred tons gross or more, a certificate in the prescribed form to be called a cargo ship safety radio certificate;
b. in the case of a ship of three hundred tons gross or more but less than three thousand tons gross performing voyages only between ports or places in India, a certificate in the prescribed form to be called a qualified cargo ship safety radio certificate; and
c. in other cases a certificate in the prescribed form to be called a cargo ship radio certificate.
Substitution of new section for section 303
12. For section 303 of the principal Act, the following section shall be substituted, namely:--
Duration of certificates
303. (1) A passengers ship safety certificate, a qualified passenger ship safety certificate, a special trade passenger ship safety certificate and a special trade passenger ship space certificate issued under this Part shall be in force for a period of twelve months from the date of its issue or for such shorter period as may be specified in the certificate.
(2) A cargo ship safety equipment certificate, a qualified cargo ship safety equipment certificate, a cargo ship equipment certificate, a qualified cargo ship equipment certificate, a cargo ship safety construction certificate, a qualified cargo ship safety construction certificate, a cargo ship construction certificate, a qualified cargo ship construction certificate, a cargo ship safety radio certificate, a qualified cargo ship safety radio certificate and a cargo ship radio certificate issued under this Part shall be in force for a period of five years from the date of its issue or for such shorter period as may be specified in the certificate.
(3) An exemption certificate issued under section 302 shall be in force for the period for which the certificate to which it relates remains in force or for such shorter period as may be specified in the exemption certificate.
(4) Notwithstanding the requirements of sub-sections (1), (2) and (3) when the renewal survey is completed within three months before the expiry date of the existing certificate, the new certificate may be valid from the date of completion of the renewal survey,-
a. for a passenger ship, a date not exceeding twelve months; and
b. for a cargo ship, a date not exceeding five years, from the date of expiry of the existing certificate.
(5) The Central Government or any person authorised by it in this behalf may grant an extension of any certificate issued under this Part in respect of an Indian ship-
a. where the ship is not in a port in which it is to be surveyed, on the date when the certificate would, but for the extension, have expired, for such period not exceeding three months from the said date as may be sufficient to enable the ship to complete its voyage to the port in which it is to be surveyed;
b. where the ship is engaged on a short voyage and whose certificate has not been extended under clause (a), for a period up to one month from the date when the certificate would have expired:
Provided that any extension granted under clause (a) shall cease to be operative upon the ship’s arrival at the port referred to in that clause:
Provided further that no extension shall be granted under clause (b) in respect of a certificate extended under clause (a).
(6) Where an existing certificate of a ship has been extended under sub-section (5) and when renewal survey is completed, the new certificate shall be valid up to,
a. for a passenger ship, a date not exceeding twelve months; or
b. for a cargo ship, a date not exceeding five years, from the date of expiry of the existing certificate.
(7) In special circumstances where the Central Government so determines, a new certificate, need not be dated from the date of expiry of the existing certificate, shall be valid up to,--
a. for a passenger ship, a date not exceeding twelve months;
b. for a cargo ship, a date not exceeding five years, from the date of completion of the renewal survey.
(8) Where a certificate referred to in sub-section (2) is issued for a period of less than five years, the Central Government or any person authorised by it in this behalf may extend the validity of the certificate beyond the expiry date to the maximum period specified in sub-section (2) if appropriate surveys, applicable when a certificate is issued for a period of five years, are carried out.
(9) If a renewal survey has been completed and a new certificate cannot be issued or placed on board the ship before the expiry date of the existing certificate, the Central Government or any person authorised by it in this behalf may endorse the existing certificate and such certificate shall be in force for a further period which shall not exceed five months from the expiry date of the existing certificate.
(10) If annual, intermediate or periodical surveys in the manner as specified in the Safety Convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be, are completed before the period stipulated therefor, then-
a. the anniversary date mentioned on the relevant certificate shall be amended by endorsement to a date which shall not be more then three months later than the date on which the survey was completed;
b. the subsequent surveys shall be completed at the stipulated intervals using the new anniversary date so endorsed;
c. the expiry date may remain unchanged provided one or more annual, intermediate or periodical surveys, as the case may be, are carried out so that the maximum stipulated intervals between the surveys are not exceeded.
(11) A certificate issued under section 299A, section 300 or section 301 shall cease to be valid,-
a. if the relevant surveys specified in the Safety Convention or in cases where such specified manner is not applicable, in such manner as the rules made in this behalf prescribe, as the case may be, are not completed within the stipulated period;
b. if the certificate is not endorsed; or
c. if the ship ceases to be an Indian ship. .
Amendment of section 307.
13. In section 307 of the principal Act,-
a. in sub-section (2), in clause (b), for the words radio telegraphy certificate or a cargo ship safety radio telephony certificate, the words radio certificate shall be substituted;
b. for sub-section (2A), the following sub-section shall be substituted, namely:-
(2A) No sea-going Indian cargo ship, less than five hundred tons gross, shall proceed on a voyage from any port or place in India to any port or place in India or to any port or place outside India unless there is in force in respect of the ship a cargo ship construction certificate issued under section 299A and a cargo ship equipment certificate issued under section 300 and,
i. a cargo ship safety radio certificate if the ship is three hundred tons gross or more;
ii. a qualified cargo ship safety radio certificate if the ship is operating within ports or places in India and is of three hundred to five hundred tons gross; or
iii. a cargo ship radio certificate if the ship is less than three hundred tons gross, issued under section 301
(c) in sub-section (3),-
i. in clause (a), for the words equipment certificate issued under section 300, the words safety construction certificate or cargo ship construction certificate issued under section 299A shall be substituted;
ii. in clause (b), in the opening portion, after the word a, the words cargo ship equipment certificate or shall be inserted;
iii. in clause (c), for the words radio telegraphy certificate or a cargo ship radio telephony certificate, the words and figures safety radio certificate or a qualified cargo ship safety radio certificate, if the ship operates between ports or places in India and is between five hundred to three thousand tons gross, shall be substituted.
Amendment of section 317.
14. In section 317 of the principal Act,-
i. in sub-section (1), after the existing proviso, the following proviso shall be inserted, namely:--
Provided further that when the renewal survey for the purpose of issue of certificate under sub-section (1) of section 316 is completed within three months before the expiry date of the existing certificate, the new certificate may be valid from the date of completion of the renewal survey to a date not exceeding five years from the date of expiry of the existing certificate.
ii. in sub-section (3), for the words ‘shall cease to be valid when the ship ceases to be an Indian ship.’, the words, brackets and figure ‘shall cease to be valid when-
a. the ship ceases to be an Indian ship;
b. material alterations such as would necessitate assignment of an increased free board have taken place in the hull or superstructure of the ship;
c. the fittings and appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crew?s quarters are not maintained in an effective condition;
d. the structural strength of the ship is lowered to such an extent as to render the ship unsafe;
e. the certificate is not endorsed to prove that the ship has been surveyed as required under sub-section (5); or
f. the marking of the deck line and load lines on the ship have not been properly maintained;
iii. sub-section (4) shall be omitted;
iv. in sub-section (5), for the words beginning with the words ‘once at least in each year’ and ending with the words ‘caused to be so surveyed.’, the following words, brackets and figures shall be substituted, namely:-
and the certificate endorsed once at least in each year during the period commencing three months before and ending three months after the anniversary date of expiry of the certificate for the purpose of ensuring that-
a. alterations have not been made to the hull or superstructure which would affect the calculations determining the position of the load line;
b. the fittings and the appliances for the protection of openings, the guard rails, freeing ports, or the means of access to the crew?s quarters are maintained in an effective condition;
c. the free board marks are correctly and permanently marked; and
d. the stability information required under section 298 is readily available on board.
v. for sub-sections (6) and (7), the following sub-sections shall be substituted, namely:-
vi. If an annual survey is completed before the period specified in sub-section (5) then,-
a. The anniversary date mentioned on the certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed;
b. The subsequent annual survey required by sub-section (5) shall be completed using the new anniversary date;
c. The expiry date of the certificate may remain unchanged provided one or more annual survey is carried out so that the maximum interval between the surveys specified under sub-section (5) is not exceeded.
vii. If a certificate under sub-section (1) of section 316 is issued for a period of less than five years, the Central Government or any person authorised by it in this behalf, may extend the validity of the certificate beyond the expiry date to a maximum period specified in sub-section (1):
Provided that annual surveys referred to in sub-section (5) are carried out as may be appropriate.
(7A) If a ship at the time when a certificate expires is not in a port at which it is to be surveyed, the Central Government or any person authorised by it in this behalf may extend the period of validity of the certificate, but this extension shall be granted only for the purpose of allowing the ship to complete the voyage to the port in which it is to be surveyed and also only in cases where it appears proper and reasonable to do so:
Provided that no certificate shall be extended for a period longer than three months and the ship to which an extension is granted shall on its arrival at the port in which it is to be surveyed leave that port without having a new certificate:
Provided further that when the renewal survey is completed, the new certificate shall be valid to a date not exceeding five years from the date of expiry of the existing certificate.
(7B) A certificate, issued to a ship engaged in short voyage which has not been extended under sub-section (7A), may be extended by the Central Government or any person authorised by it in this behalf for a period up to one month from the date of expiry when the renewal survey is completed, the new certificate shall be valid up to a date not exceeding five years from the date of expiry of the existing certificate.
(7C) In special circumstances where the Central Government so determines a new certificate, need not be dated from the date of expiry of the existing certificate, shall be valid up to a date not exceeding five years from the date of completion of the renewal survey.
Amendment of section 344
15. In section 344 of the principal Act, in sub-section (2), for clause (a), the following clauses shall be substituted, namely:-
a. the form of any certificate and record of equipment issued under this Part;
b. the manner of surveys required to be made in respect of ships to which the manner of surveys specified in the Safety Convention is not applicable; .
16. In section 352 of the principal Act,-
i. clause (b) shall be omitted;
ii. after clause (g), the following clauses shall be inserted, namely:--
(h) Convention means the Convention on Limitation of liability for Maritime Claims, 1976 as amended from time to time;
(i) salvor means any person rendering services in direct connection with salvage operations.
Explanation.--For the purpose of clause (i), salvage operations includes,-
Amendment of section 352
a. the raising, removal, destruction or the rendering a ship harmless which is sunk, wrecked, stranded or abandoned including anything that is or has been on board such ship;
b. removal, destruction or rendering the cargo of a ship harmless, and
c. measures taken to avert or minimise loss to a ship or its cargo or both;
(j) ship owner means owner, charterer, manager and operator of a sea going ship;
(k) Special Drawing Rights means Special Drawing Rights as determined by the International Monetary Fund.
Substitution of new section for section 352A.
17. For section 352A of the principal Act, the following section shall be substituted, namely:--
Limitation of liability for damages in respect of certain claims.
352A. (1) The ship owner, salvor, any person for whose act, neglect or default the ship owner or salvor, as the case may be, is responsible, and an insurer of liability for claims to the same extent as the assured himself, may limit his liability as provided under section 352B in respect of,-
a. claims arising from loss of life of or personal injury to, or loss of or damage to, property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connection with the operation of the ship;
b. claims arising out of loss resulting from delay in the carriage by sea of cargo and passengers or their luggage;
c. claims arising out of other loss resulting from infringement of rights other than contractual rights, occurring in direct connection with the operation of the ship or salvage operations;
d. claims of 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 provisions of the Convention or the rules made in this behalf prescribe, as the case may be, and such further loss caused by such measures;
e. claims for the loss of life or personal injury to passengers of a ship brought by or on behalf of any person ,-
i. under the contract of passenger carriage; or
ii. who, with the consent of the carrier, is accompanying a vehicle for live animals which are covered by a contract for the carriage of goods,
carried in that ship:
Provided that the limits for passengers claim specified in the rules made under this Part shall not be applicable to the passengers carried in and around the coast of India in respect of whom separate limits shall be prescribed.
Claims set out in 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 in clause (d) of sub-section (1) shall not be subject to limitation of liability to the extent that they relate to remuneration under a contract with the person liable.
(3) Nothing in this section shall apply to-
a. claims for salvage or contribution in general average;
b. claims for oil pollution damage within the meaning of the International Convention on Civil Liability for Oil Pollution Damage, 1992 as amended from time to time;
c. claims by servants of the ship owner or salvor whose duties are connected with the ship or the salvage operations, including claims of their heirs, de
86540
103860
630
114
59824