UNIT 1: IMO & INTERNATIONAL

CONVENTIONS
Section 1: International Organisations & IMO:

The United Nations (UN), is an intergovernmental organization responsible for maintaining international peace
and security, developing friendly relations among nations, achieving international cooperation, and being a centre
for harmonizing the actions of nations. The UN is headquartered on international territory in New York City; other
main offices are in Geneva, Nairobi, Vienna and The Hague.
The United Nations member states are the 193 sovereign states that are members of the United Nations (UN) and
have equal representation in the UN General Assembly.
The UN is the world's largest intergovernmental organization.

IMO
IMO's mission statement
"The mission of the International Maritime Organization (IMO) as a United Nations specialized agency is to
promote safe, secure, environmentally sound, efficient and sustainable shipping through cooperation. This will be
accomplished by adopting the highest practicable standards of maritime safety and security, efficiency of
navigation and prevention and control of pollution from ships, as well as through consideration of the related legal
matters and effective implementation of IMO’s instruments with a view to their universal and uniform application."

The Convention on the International Maritime Organization was prepared and opened for signature and acceptance
by the United Nations Maritime Conference convened by the Secretary-General of the United Nations pursuant to
Economic and Social Council resolution 35 (IV). "The mission of the International Maritime Organization (IMO)
as a United Nations specialized agency is to promote safe, secure, environmentally sound, efficient and sustainable
shipping through cooperation. This will be accomplished by adopting the highest practicable standards of maritime
safety and security, efficiency of navigation and prevention and control of pollution from ships, as well as through
consideration of the related legal matters and effective implementation of IMO’s instruments with a view to their
universal and uniform application."
As a result of the entry into force of the amendments adopted by the IMCO Assembly by its resolutions A.358 (IX)
of 14 November 1975 and A.371 (X) of 9 November 1977 [rectification of resolution A.358 (IX) (see chapter
XII.1(d)]], the name of the Intergovernmental Maritime Consultative Organization (IMCO) has been changed to
"International Maritime Organization (IMO)" and the title of the Convention modified accordingly.

In 1948 an international conference in Geneva adopted a convention formally establishing IMO (the
original name was the Inter-Governmental Maritime Consultative Organization, or IMCO, but the name
was changed in 1982 to IMO).

The IMO Convention entered into force in 1958 and the new Organization met for the first time the
following year.

The purposes of the Organization, as summarized by Article 1(a) of the Convention, are "to provide
machinery for cooperation among Governments in the field of governmental regulation and practices
relating to technical matters of all kinds affecting shipping engaged in international trade; to encourage
and facilitate the general adoption of the highest practicable standards in matters concerning maritime
safety, efficiency of navigation and prevention and control of marine pollution from ships". The
Organization is also empowered to deal with administrative and legal matters related to these purposes.

IMO's first task was to adopt a new version of the International Convention for the Safety of Life
at Sea (SOLAS), the most important of all treaties dealing with maritime safety. This was achieved in
1960 and IMO then turned its attention to such matters as the facilitation of international maritime traffic,
load lines and the carriage of dangerous goods, while the system of measuring the tonnage of ships was
revised.

But although safety was and remains IMO's most important responsibility, a new problem began to
emerge - pollution. The growth in the amount of oil being transported by sea and in the size of oil tankers
was of particular concern and the Torrey Canyon disaster of 1967, in which 120,000 tonnes of oil was
spilled, demonstrated the scale of the problem.

During the next few years IMO introduced a series of measures designed to prevent tanker accidents and
to minimize their consequences. It also tackled the environmental threat caused by routine operations
such as the cleaning of oil cargo tanks and the disposal of engine room wastes - in tonnage terms a bigger
menace than accidental pollution.

The most important of all these measures was the International Convention for the Prevention of
Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (MARPOL 73/78).
It covers not only accidental and operational oil pollution but also pollution by chemicals, goods in
packaged form, sewage, garbage and air pollution.

IMO was also given the task of establishing a system for providing compensation to those who had
suffered financially as a result of pollution. Two treaties were adopted, in 1969 and 1971, which enabled
victims of oil pollution to obtain compensation much more simply and quickly than had been possible
before. Both treaties were amended in 1992, and again in 2000, to increase the limits of compensation
payable to victims of pollution. A number of other legal conventions have been developed since, most of
which concern liability and compensation issues.

Also in the 1970s a global search and rescue system was initiated, with the establishment of the
International Mobile Satellite Organization (IMSO), which has greatly improved the provision of
radio and other messages to ships.

The Global Maritime Distress and Safety System (GMDSS) was adopted in 1988 and began to be
phased in from 1992. In February 1999, the GMDSS became fully operational, so that now a ship that is
in distress anywhere in the world can be virtually guaranteed assistance, even if the ship's crew do not
have time to radio for help, as the message will be transmitted automatically.

Two initiatives in the 1990s are especially important insofar as they relate to the human element in
shipping. On 1 July 1998 the International Safety Management Code entered into force and became
applicable to passenger ships, oil and chemical tankers, bulk carriers, gas carriers and cargo high speed
craft of 500 gross tonnage and above. It became applicable to other cargo ships and mobile offshore
drilling units of 500 gross tonnage and above from 1 July 2002.

On 1 February 1997, the 1995 amendments to the International Convention on Standards of

Training, Certification and Watchkeeping for Seafarers, 1978 entered into force. They greatly
improve seafarer standards and, for the first time, give IMO itself powers to check Government actions
with Parties required to submit information to IMO regarding their compliance with the Convention. A
major revision of the STCW Convention and Code was completed in 2010 with the adoption of the
"Manila amendments to the STCW Convention and Code".

New conventions relating to the marine environment were adopted in the 2000s, including one on anti-
fouling sytems (AFS 2001), another on ballast water management to prevent the invasion of alien
species (BWM 2004) and another on ship recycling (Hong Kong International Convention for the
Safe and Environmentally Sound Recycling of Ships, 2009).

The 2000s also saw a focus on maritime security, with the entry into force in July 2004 of a new,
comprehensive security regime for international shipping, including the International Ship and Port
Facility Security (ISPS) Code, made mandatory under amendments to SOLAS adopted in 2002.

In 2005, IMO adopted amendments to the Convention for the Suppression of Unlawful Acts (SUA)
Against the Safety of Maritime Navigation, 1988 and its related Protocol (the 2005 SUA Protocols),
which amongst other things, introduce the right of a State Party desires to board a ship flying the flag of
another State Party when the requesting Party has reasonable grounds to suspect that the ship or a person
on board the ship is, has been, or is about to be involved in, the commission of an offence under the
Convention.

As IMO instruments have entered into force and been implemented, developments in technology and/or
lessons learned from accidents have led to changes and amendments being adopted.

The focus on implementation continues, with the technical co-operation programme a key strand of
IMO's work.

The IMO Member State Audit Scheme, which became mandatory under a number of key IMO
instruments on 1 January 2016, will increasingly play a key role in supporting effective implementation
by providing an audited Member State with a comprehensive and objective assessment of how
effectively it administers and implements those mandatory IMO instruments which are covered by the
Scheme.

IMO Structure
The Organization consists of an Assembly, a Council and five main Committees: the Maritime Safety
Committee; the Marine Environment Protection Committee; the Legal Committee; the Technical
Cooperation Committee and the Facilitation Committee and a number of Sub-Committees support the
work of the main technical committees.

Assembly
This is the highest Governing Body of the Organization. It consists of all Member States and it meets
once every two years in regular sessions, but may also meet in an extraordinary session if necessary. The
Assembly is responsible for approving the work programme , voting the budget and determining the
financial arrangements of the Organization. The Assembly also elects the Council.

Council
The Council is elected by the Assembly for two-year terms beginning after each regular session of the
Assembly.
The Council is the Executive Organ of IMO and is responsible, under the Assembly, for supervising the
work of the Organization. Between sessions of the Assembly the Council performs all the functions of
the Assembly, except the function of making recommendations to Governments on maritime safety and
pollution prevention which is reserved for the Assembly by Article 15(j) of the Convention.
Other functions of the Council are to:
(a) coordinate the activities of the organs of the Organization;
(b) consider the draft work programme and budget estimates of the Organization and submit them to
the Assembly;
(c) receive reports and proposals of the Committees and other organs and submit them to the
Assembly and Member States, with comments and recommendations as appropriate;
(d) appoint the Secretary-General, subject to the approval of the Assembly;
(e) enter into agreements or arrangements concerning the relationship of the Organization with
other organizations, subject to approval by the Assembly

Maritime Safety Committee (MSC)

The MSC is the highest technical body of the Organization. It consists of all Member States. The
functions of the Maritime Safety Committee are to "consider any matter within the scope of the
Organization concerned with aids to navigation, construction and equipment of vessels, manning
from a safety standpoint, rules for the prevention of collisions, handling of dangerous cargoes,
maritime safety procedures and requirements, hydrographic information, log-books and
navigational records, marine casualty investigations, salvage and rescue and any other matters
directly affecting maritime safety".
The Committee is also required to provide machinery for performing any duties assigned to it by
the IMO Convention or any duty within its cope of work which may be assigned to it by or
under any international instrument and accepted by the Organization. It also has the
responsibility for considering and submitting recommendations and guidelines on safety for
possible adoption by the Assembly.
The expanded MSC adopts amendments to conventions such as SOLAS and includes all
Member States as well as those countries which are Party to conventions such as SOLAS even if
they are not IMO Member States.

The Marine Environment Protection

Committee (MEPC)
The MEPC, which consists of all Member States, is empowered to consider any matter within
the scope of the Organization concerned with prevention and control of pollution from ships. In
particular it is concerned with the adoption and amendment of conventions and other regulations
and measures to ensure their enforcement.
The MEPC was first established as a subsidiary body of the Assembly and raised to full
constitutional status in 1985.

Sub-Committees
The MSC and MEPC are assisted in their work by a number of sub-committees which are also
open to all Member States:
Sub-Committee on Human Element, Training and Watchkeeping (HTW);
Sub-Committee on Implementation of IMO Instruments (III);
Sub-Committee on Navigation, Communications and Search and Rescue (NCSR);
Sub-Committee on Pollution Prevention and Response (PPR);
Sub-Committee on Ship Design and Construction (SDC);
Sub-Committee on Ship Systems and Equipment (SSE); and
Sub-Committee on Carriage of Cargoes and Containers (CCC).

Legal Committee
The Legal Committee is empowered to deal with any legal matters within the scope of the
Organization. The Committee consists of all Member States of IMO. It was established in 1967
as a subsidiary body to deal with legal questions which arose in the aftermath of the Torrey
Canyon disaster.

The Legal Committee is also empowered to perform any duties within its scope which may be
assigned by or under any other international instrument and accepted by the Organization.

The Technical Cooperation Committee is required to consider any matter within the scope of
the Organization concerned with the implementation of technical cooperation projects for which
the Organization acts as the executing or cooperating agency and any other matters related to the
Organization's activities in the technical cooperation field.
The Technical Cooperation Committee consists of all Member States of IMO, was established in
1969 as a subsidiary body of the Council, and was institutionalized by means of an amendment
to the IMO Convention which entered into force in 1984.

Facilitation Committee
The Facilitation Committee was established as a subsidiary body of the Council in May 1972,
and became fully institutionalised in December 2008 as a result of an amendment to the IMO
Convention. It consists of all the Member States of the Organization and deals with IMO's work
in eliminating unnecessary formalities and "red tape" in international shipping by implementing
all aspects of the Convention on Facilitation of International Maritime Traffic 1965 and any
matter within the scope of the Organization concerned with the facilitation of international
maritime traffic. In particular in recent years the Committee's work, in accordance with the
wishes of the Assembly, has been to ensure that the right balance is struck between maritime
security and the facilitation of international maritime trade.

Secretariat
The Secretariat of IMO consists of the Secretary-General and some 300 international personnel
based at the headquarters of the Organization in London.
The Secretary-General of the Organization is Mr. Kitack Lim (Republic of Korea) who was
appointed to the position with effect from 1 January 2016, for an initial four-year term.

The holders of the office have been:

Ove Nielsen (Denmark) 1959-1961
William Graham (United Kingdom, Acting) 1961-1963
Jean Roullier (France) 1964-1967
Colin Goad (United Kingdom) 1968-1973
Chandrika Prasad Srivastava (India) 1974-1989
William A. O'Neil (Canada) 1990-2003
Efthimios E. Mitropoulos (Greece) 2004-2011
Koji Sekimizu (Japan) 2012-2015
Kitack Lim (Republic of Korea) 2016-

Regional Presence
IMO has now five regional coordinators/advisors for technical cooperation activities, in Cote
d'Ivoire, Ghana, Kenya, Philippines and Trinidad and Tobago.

Adopting a convention, Entry into force, Accession, Amendment, Enforcement, Tacit

acceptance procedure
Adopting a convention
This is the part of the process with which IMO as an Organization is most closely involved.
IMO has six main bodies concerned with the adoption or implementation of conventions.
The Assembly and Council are the main organs, and the committees involved are the
Maritime Safety Committee, Marine Environment Protection Committee, Legal
Committee and the Facilitation Committee. Developments in shipping and other related
industries are discussed by Member States in these bodies, and the need for a new convention or
amendments to existing conventions can be raised in any of them.

Entry into force

The adoption of a convention marks the conclusion of only the first stage of a long process.
Before the convention comes into force - that is, before it becomes binding upon Governments
which have ratified it - it has to be accepted formally by individual Governments.
Signature, ratification, acceptance, approval and accession
The terms signature, ratification, acceptance, approval and accession refer to some of the
methods by which a State can express its consent to be bound by a treaty.
Signature
Consent may be expressed by signature where:
• the treaty provides that signature shall have that effect;
• it is otherwise established that the negotiating States were agreed that signature should have
that effect;
• the intention of the State to give that effect to signature appears from the full powers of its
representatives or was expressed during the negotiations (Vienna Convention on the Law of
Treaties, 1969, Article 12.1).

A State may also sign a treaty "subject to ratification, acceptance or approval". In such a
situation, signature does not signify the consent of a State to be bound by the treaty, although it
does oblige the State to refrain from acts which would defeat the object and purpose of the treaty
until such time as it has made its intention clear not to become a party to the treaty (Vienna
Convention on the Law of Treaties, Article 18(a)).

Signature subject to ratification, acceptance or approval

Most multilateral treaties contain a clause providing that a State may express its consent to be
bound by the instrument by signature subject to ratification.
In such a situation, signature alone will not suffice to bind the State, but must be followed up by
the deposit of an instrument of ratification with the depositary of the treaty.

This option of expressing consent to be bound by signature subject to ratification, acceptance or

approval originated in an era when international communications were not instantaneous, as they
are today.

It was a means of ensuring that a State representative did not exceed their powers or instructions
with regard to the making of a particular treaty. The words "acceptance" and "approval"
basically mean the same as ratification, but they are less formal and non-technical and might be
preferred by some States which might have constitutional difficulties with the term ratification.
Many States nowadays choose this option, especially in relation to multinational treaties, as it
provides them with an opportunity to ensure that any necessary legislation is enacted and other
constitutional requirements fulfilled before entering into treaty commitments.

The terms for consent to be expressed by signature subject to acceptance or approval are very
similar to ratification in their effect. This is borne out by Article 14.2 of the Vienna Convention
on the Law of Treaties which provides that "the consent of a State to be bound by a treaty is
expressed by acceptance or approval under conditions similar to those which apply to
ratification."

Accession
Most multinational treaties are open for signature for a specified period of time. Accession is the
method used by a State to become a party to a treaty which it did not sign whilst the treaty was
open for signature.
Technically, accession requires the State in question to deposit an instrument of accession with
the depositary. Article 15 of the Vienna Convention on the Law of Treaties provides that
consent by accession is possible where the treaty so provides, or where it is otherwise
established that the negotiating States were agreed or subsequently agreed that consent by
accession could occur.

Amendment
Technology and techniques in the shipping industry change very rapidly these days. As a result,
not only are new conventions required but existing ones need to be kept up to date. For example,
the International Convention for the Safety of Life at Sea (SOLAS), 1960 was amended six
times after it entered into force in 1965 - in 1966, 1967, 1968, 1969, 1971 and 1973. In 1974 a
completely new convention was adopted incorporating all these amendments (and other minor
changes) and has itself been modified on numerous occasions.

In early conventions, amendments came into force only after a percentage of Contracting States,
usually two thirds, had accepted them. This normally meant that more acceptances were required
to amend a convention than were originally required to bring it into force in the first place,
especially where the number of States which are Parties to a convention is very large.

This percentage requirement in practice led to long delays in bringing amendments into force.
To remedy the situation a new amendment procedure was devised in IMO. This procedure has
been used in the case of conventions such as the Convention on the International Regulations for
Preventing Collisions at Sea, 1972, the International Convention for the Prevention of Pollution
from Ships, 1973 and SOLAS 1974, all of which incorporate a procedure involving the "tacit
acceptance" of amendments by States.

Instead of requiring that an amendment shall enter into force after being accepted by, for
example, two thirds of the Parties, the “tacit acceptance” procedure provides that an amendment
shall enter into force at a particular time unless before that date, objections to the amendment are
received from a specified number of Parties.

In the case of the 1974 SOLAS Convention, an amendment to most of the Annexes (which
constitute the technical parts of the Convention) is `deemed to have been accepted at the end of
two years from the date on which it is communicated to Contracting Governments...' unless the
amendment is objected to by more than one third of Contracting Governments, or Contracting
Governments owning not less than 50 per cent of the world's gross merchant tonnage. This
period may be varied by the Maritime Safety Committee with a minimum limit of one year.

As was expected the "tacit acceptance" procedure has greatly speeded up the amendment
process. Amendments enter into force within 18 to 24 months, generally Compared to this,
none of the amendments adopted to the 1960 SOLAS Convention between 1966 and 1973
received sufficient acceptances to satisfy the requirements for entry into force.

Enforcement
The enforcement of IMO conventions depends upon the Governments of Member Parties.

Contracting Governments enforce the provisions of IMO conventions as far as their own ships
are concerned and also set the penalties for infringements, where these are applicable.

They may also have certain limited powers in respect of the ships of other Governments.

In some conventions, certificates are required to be carried on board ship to show that they have
been inspected and have met the required standards. These certificates are normally accepted as
proof by authorities from other States that the vessel concerned has reached the required
standard, but in some cases further action can be taken.

The 1974 SOLAS Convention, for example, states that "the officer carrying out the control shall
take such steps as will ensure that the ship shall not sail until it can proceed to sea without
danger to the passengers or the crew".
This can be done if "there are clear grounds for believing that the condition of the ship and its
equipment does not correspond substantially with the particulars of that certificate".

An inspection of this nature would, of course, take place within the jurisdiction of the port
State. But when an offence occurs in international waters the responsibility for imposing a
penalty rests with the flag State.
Should an offence occur within the jurisdiction of another State, however, that State can either
cause proceedings to be taken in accordance with its own law or give details of the offence to
the flag State so that the latter can take appropriate action.

Under the terms of the 1969 Convention Relating to Intervention on the High Seas, Contracting
States are empowered to act against ships of other countries which have been involved in an
accident or have been damaged on the high seas if there is a grave risk of oil pollution occurring
as a result.
The way in which these powers may be used are very carefully defined, and in most conventions
the flag State is primarily responsible for enforcing conventions as far as its own ships and their
personnel are concerned.
The Organization itself has no powers to enforce conventions.

However, IMO has been given the authority to vet the training, examination and certification
procedures of Contracting Parties to the International Convention on Standards of Training,
Certification and Watch-keeping for Seafarers (STCW), 1978. This was one of the most
important changes made in the 1995 amendments to the Convention which entered into force on
1 February 1997. Governments have to provide relevant information to IMO's Maritime Safety
Committee which will judge whether or not the country concerned meets the requirements of the
Convention.

Relationship between Conventions and interpretation

Some subjects are covered by more than one Treaty. The question then arises which one
prevails. The Vienna Convention on the Law of Treaties provides in Article 30 for rules
regarding the relationship between successive treaties relating to the same subject-matter.
Answers to questions regarding the interpretation of Treaties can be found in Articles 31, 32 and
33 of the Vienna Convention on the Law of Treaties. A Treaty shall be interpreted in good faith
in accordance with the ordinary meaning to be given to the terms of the treaty in their context
and in the light of its object and purpose. When a Treaty has been authenticated in two or more
languages, the text is equally authoritative in each language, unless the treaty provides or the
parties agree that, in case of divergence, a particular text shall prevail.

Uniform law and conflict of law rules

A substantive part of maritime law has been made uniform in international Treaties. However,
not every State is Party to all Conventions and the existing Conventions do not always cover all
questions regarding a specific subject. In those cases conflict of law rules are necessary to
decide which national law applies. These conflict of law rules can either be found in a Treaty or,
in most cases, in national law.

IMO conventions
The majority of conventions adopted under the auspices of IMO or for which the Organization is
otherwise responsible, fall into three main categories.
The first group is concerned with maritime safety;
the second with the prevention of marine pollution;
and the third with liability and compensation, especially in relation to damage caused by
pollution.
Outside these major groupings are a number of other conventions dealing with facilitation,
tonnage measurement, unlawful acts against shipping and salvage, etc.

What are the list of IMO conventions?

MARITIME SAFETY
International Convention for the Safety of Life at Sea (SOLAS), 1974
International Convention on Load Lines (LL), 1966
Special Trade Passenger Ships Agreement (STP), 1971 Protocol on Space Requirements for
Special Trade Passenger Ships, 1973
Convention on the International Regulations for Preventing Collisions at Sea (COLREG), 1972
International Convention for Safe Containers (CSC), 1972
Convention on the International Maritime Satellite Organization (INMARSAT), 1976
The Torremolinos International Convention for the Safety of Fishing Vessels (SFV), 1977
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers (STCW), 1978
International Convention on Standards of Training, Certification and Watchkeeping for Fishing
Vessel Personnel (STCW-F), 1995
International Convention on Maritime Search and Rescue (SAR), 1979

MARINE POLLUTION
International Convention for the Prevention of Pollution from Ships, 1973, as modified by the
Protocol of 1978 relating thereto (MARPOL 73/78)
International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution
Casualties (INTERVENTION), 1969
Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter
(LDC), 1972
International Convention on Oil Pollution Preparedness, Response and Co-operation (OPRC),
1990 Protocol on Preparedness, Response and Co-operation to pollution Incidents by Hazardous
and Noxious Substances, 2000 (HNS Protocol)
International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS), 2001
International Convention for the Control and Management of Ships’ Ballast Water and
Sediments, 2004

LIABILITY AND COMPENSATION

International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969
International Convention on the Establishment of an International Fund for Compensation for
Oil Pollution Damage (FUND), 1971
Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material
(NUCLEAR), 1971
Athens Convention relating to the Carriage of Passengers and their Luggage by Sea (PAL), 1974
Convention on Limitation of Liability for Maritime Claims (LLMC), 1976
International Convention on Liability and Compensation for Damage in Connection with the
Carriage of Hazardous and Noxious Substances by Sea (HNS), 1996
International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001
OTHER SUBJECTS
Convention on Facilitation of International Maritime Traffic (FAL), 1965
International Convention on Tonnage Measurement of Ships (TONNAGE), 1969
Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation
(SUA), 1988
International Convention on Salvage (SALVAGE), 1989

THE FOUR PILLARS

The industry is said to be built on four pillars (three IMO and one ILO), namely:
 The Safety of Life at Sea (SOLAS) Convention, mainly dealing with the construction
and safety equipment of merchant ships. The first version of the treaty was passed in
1914 in response to the sinking of the RMS Titanic Newer versions were adopted in
1929, 1948, 1960, and 1974. The 1960 Convention — which was activated in 1965 —
was the first major achievement for the International Maritime Organization (IMO). The
latest Convention, 1974, includes the ‘tacit acceptance’ procedure whereby amendments
enter into force by default unless nations file objections.
 The International Convention on Standards of Training, Certification and Watch-
keeping for Seafarers (STCW), 1978 as amended, sets the minimum qualification
standards for masters, officers and watch personnel. It entered into force in 1984. The
Convention was significantly amended in 1995. These amendments took effect on 31
July 2002. STCW is currently undergoing a major review. (The Convention did not deal
with manning levels. These are covered by the requirements of Resolution A.890(21)
Principles of Safe Manning, as amended by Resolution A.955 (23), adopted by the IMO
Assembly in 1999, which replaced an earlier resolution A.481(XII) adopted in 1981);
 The International Convention for the Prevention of Pollution from Ships, 1973 as
modified by the Protocol of 1978. The original MARPOL Convention (‘MARPOL’
short for marine pollution) was signed on 17 February 1973, but did not come into force.
The current Convention is a combination of 1973 Convention and the 1978 Protocol.
MARPOL 73/78 entered into force on 2 October 1983.
 The fourth pillar being the International Labour Organisation’s Consolidated Maritime
Labour Convention (MLC) 2006, which sets minimum requirements for seafarers to
work on ships, employment conditions, accommodation, recreation facilities, food and
catering, heath protection, medical care, welfare and social security protection. It has
been adopted and awaits international ratification.

International Labour Organization

(ILO)
As a United Nations’ agency that brings together representatives of governments, employers and
workers, the International Labour Organization (ILO) is the global body responsible for drawing
up and overseeing international labour standards around the world. Created in 1919 as part of
the Treaty of Versailles, the organisation lives by the manta that universal and lasting peace can
be accomplished only if it is based on social justice.

Its ongoing shipping-related programmes include the International Programme for the
Promotion of Decent Work in the Maritime Industry and the Port worker Development
Programme. Since 1920, the ILO has adopted over 60 maritime labour standards, covering
general conditions of employment, minimum ages, health and safety, welfare, training and social
security, among others.

One of the ILO’s major contributions to working practices in the shipping industry was
approved in 2006, when 178 members adopted the Maritime Labour Convention, 2006. This
convention sets minimum requirements for seafarers to work on a ship and contains provisions
on conditions of employment, hours of work and rest, accommodation, recreational facilities,
food and catering, health protection, medical care, welfare and social security protection.

International Transport Workers

Federations
ITF is a union, stands for International Transport Workers' Federation (ITF) works for the
welfare of the transport works across the globe. They work for all forms of commercial transport
works like trains, roads and ship. They have many affiliated organizations like in India for
seafarers they have affiliated unions MUI and NUSI.
They bargain terms and conditions of employment including minimum wages with employers.

The ITF has been helping seafarers since 1896 and today represents the interests of seafarers
worldwide, of whom over 600,000 are members of ITF affiliated unions. The ITF is working to
improve conditions for seafarers of all nationalities and to ensure adequate regulation of the
shipping industry to protect the interests and rights of the workers. The ITF helps crews
regardless of their nationality or the flag of their ship.

The ITF has opposed the system of Flags of Convenience (FOCs) for over 50 years. These flags,
including the largest register in the world (Panama) allow ship owners, who have no genuine
link to the flag state, to register their ships there in order to avoid the taxation and regulation
which their own countries would impose.

The ITF was founded in 1896 in London by European seafarers and Dockers union, leaders who
realized the need to organise internationally against strike breakers. Today the ITF organises
workers in ships, ports, railways, road freight and passenger transport, inland waterways,
fisheries, tourism and civil aviation.

The ITF is one of several Global Federation Unions allied with the International Trade Union
Confederation (ITUC).

The World Health Organization (WHO)

Purposes
The World Health Organization is a specialized agency of the United Nations that is concerned
with international public health. It was established on 7 April 1948, and is headquartered in
Geneva, Switzerland. The WHO is a member of the United Nations Development Group.
Founders: India, United States, Brazil, Mexico, Australia, Turkey, Iran, MORE

The primary role is to direct and coordinate international health within the United Nations
system. The main areas of work are health systems; health through the life-course; non-
communicable and communicable diseases; preparedness, surveillance and response; and
corporate services.
WHO's main functions can be summed up as follows:
To act as a directing and coordinating authority on international health work, to ensure valid and
productive technical cooperation, and to promote research.
The objective of WHO is the attainment by all peoples of the highest possible level of health.
Health, as defined in the WHO Constitution, is a state of complete physical, mental, and social
well-being and not merely the absence of disease or infirmity. In support of its main objective,
the organization has a wide range of functions, including the following:
 To act as the directing and coordinating authority on international health work;
 To promote technical cooperation;
 To assist Governments, upon request, in strengthening health services;
 To furnish appropriate technical assistance and, in emergencies, necessary aid, upon the
request or acceptance of Governments;
 To stimulate and advance work on the prevention and control of epidemic, endemic, and
other diseases;
 To promote, in cooperation with other specialized agencies where necessary, the
improvement of nutrition, housing, sanitation, recreation, economic or working
conditions, and other aspects of environmental hygiene;
 To promote and coordinate biomedical and health services research;
 To promote improved standards of teaching and training in the health, medical and
related professions;
 To establish and stimulate the establishment of international standards for biological,
pharmaceutical, and similar products, and to standardize diagnostic procedures;
 To foster activities in the field of mental health, especially those activities affecting the
harmony of human relations.
WHO also proposes conventions, agreements, and regulations and makes recommendations
about international nomenclature of diseases, causes of death, and public health practices. It
develops, establishes, and promotes international standards concerning foods and biological,
pharmaceutical, and similar substances.

Comite Maritime International – CMI

The Comite Maritime International (CMI) is a not-for-profit organisation, established in
Antwerp in 1897 and is the oldest organization in the world that is exclusively concerned with
the unification of maritime law and related commercial practices.
It is responsible for drafting the vast majority of international maritime conventions including
the Arrest of Ships Convention, the Limitation Conventions, the Hague, Hague Visby and
Rotterdam Rules, the Salvage Convention and so many others.

In 2008 the Executive Council of the CMI, set up an International Working Group on Judicial
Sale of Ships, chaired by Prof. Henry Li of China, to study the very serious challenges
associated with the failure of the recognition of such judicial sales. The group gathered data and
information, studied hundreds of cases to identify the problem, had numerous meetings were it
discussed several versions of a draft convention until in 2012 it produced the Beijing draft which
was finalised and approved in Hamburg in 2014.

Beijing Draft
It is a very short draft that deals exclusively with the recognition of judicial sales and nothing
else. It does not deal with actions on the merits either before or after, it does not deal with the
distribution of the proceeds of the sale – it is limited to the recognition of the Judicial Sale itself.
It provides that notices have to be given 30 days prior to the judicial sale to persons indicated in
the clause including the owner, mortgagees, holders of registered titles and lien holders; it
clearly provides that all rights and interests existing in the ship prior to her sale shall be
extinguished and all and any hypothecs mortgages or charges except as assumed by the
purchaser shall cease to attach to the ship which shall be sold free and unencumbered and clean
title shall be acquired by the purchaser; it further provides for the issuance of a Certificate by the
authority ordering the sale which certifies that the vessel has indeed been sold in a judicial sale
and is free and unencumbered and that all rights previously existing against the ship are
extinguished; furthermore on the production of the Certificate by the purchaser, the registry of
the vessel shall delete any existing mortgages or charges and either register the vessel in the
name of the new owner or issue a deletion certificate; it provides that where a vessel which was
sold in a judicial sale is arrested in a state party for a debt existing prior to the judicial sale, the
court will dismiss and set aside the arrest once the purchaser produces the Certificate unless
there are stipulated existing circumstances in which the judicial sale may be suspended or
refused.
Turning a draft convention into an international instrument

In 2017, The CMI submitted a proposal to the Secretariat of UNCITRAL on possible future
work by UNCITRAL on cross-border issues related to the judicial sale of ships. Whilst a
number of delegations supported the proposal and expressed interest, it was suggested that CMI
might hold a colloquium so as to provide additional information to the Commission and allow it
to take an informed decision.

A joint Colloquium was therefore held between the CMI, the Malta Maritime Law Association
and the Maltese Government in Malta. It was attended by over 180 delegates from over 50
countries representing banks and financiers, ship owners, ship repairers, crew, tug operators,
salvors, providers of provisions, bunkers, harbour authorities, flag registries, the ITF, members
of the Judiciary from various jurisdictions who deal with judicial sales, BIMCO, FONASBA and
maritime lawyers. There was an overwhelming case made by each and every one of these
groups, encouraging the creation of an international instrument which would once and for all
regulate this area and inject a degree of stability and certainty.
Swiss Proposal
The detailed conclusions of the Malta Colloquium supporting the CMI draft, constituted the very
basis of the proposal of Switzerland to UNCITRAL. So in July 2018 Stuart Hetherington the
President of CMI and I attended the 51st Assembly of UNCITRAL in New York for the
purposes of supporting the Swiss Proposal, presented by Alex von Ziegler also an executive
member of the CMI. There were another 6 proposals with only 3 to be chosen. At the end of that
week we were informed that the project was accepted for future work at UNICTRAL and that
the first working group to finish its current work would be allocated this project. The project was
later given to Working Group V1 and the first meeting of working Group V1 was held between
the 13th and 17th May 2019.

Meeting in New York

Working Group meetings are attended by all state members of UNCITRAL as well as other UN
member states and NGOs interested in the subject matter. On this occasion there was the CMI,
BIMCO, The International Chamber of Shipping, International Underwriters of Marine
Insurance, the International Association of Judges, Law Asia, the International Law Institute and
the IBA.
States were in the main represented by their own diplomats’ resident in New York with only a
few having a shipping background. The week was taken up by a high level discussion on each
and every clause with detailed explanations given on why each one of them was important from
a practical perspective explaining how the various clauses would solve a number of the issues
which surfaced in the many cases on the subject.
The Secretariat took note of the various concerns of those who spoke and prepared a report of
the proceedings of the entire week which will shortly be available on the UNCITRAL Working
V1 website.
Next steps
The Secretariat will now prepare another draft taking into account the considerations and
comments for which there was clearly support around the room. I would say that most of these
are drafting issues which do not effect the substance of the draft or its aim being to ensure that a
vessel sold in a judicial sale is sold free and unencumbered provided that the minimum criteria
prior to the sale are satisfied. The next draft will be the subject matter of further discussion at the
next working group meeting in Vienna in November 2019. Given that specific knowledge of this
 sector is required, it is hoped that more and more states will follow the example set by a number
of others and send maritime law specialists as part of their delegations.
CMI is looking forward to continued deliberations on what will be a hugely important
international instrument leading to much needed certainty in international trade.
Ann Fenech is the CMI Co-Ordinator for this project at UNCITRAL
Ann Fenech

Ann Fenech is the managing

UNCITRAL - United Nations Commission

on International Trade Law
The United Nations Commission on International Trade Law is the core legal body of the United Nations
system in the field of international trade law. A legal body with universal membership specializing in
commercial law reform worldwide for over 50 years, UNCITRAL's business is the modernization and
harmonization of rules on international business.

What is the mandate of UNCITRAL?

The United Nations Commission on International Trade Law (UNCITRAL) (established in 1966) is a
subsidiary body of the General Assembly of the United Nations with the general mandate to further the
progressive harmonization and unification of the law of international trade. UNCITRAL has since
prepared a wide range of conventions, model laws and other instruments dealing with the substantive law
that governs trade transactions or other aspects of business law which have an impact on international
trade. UNCITRAL meets once a year, typically in summer, alternatively in New York and in Vienna.

In an increasingly economically interdependent world, the importance of an improved legal framework

for the facilitation of international trade and investment is widely acknowledged. The United Nations
Commission on International Trade Law (UNCITRAL), established by the United Nations General
Assembly by resolution 2205 (XXI) of 17 December 1966 (see annex I), plays an important role in
developing that framework in pursuance of its mandate to further the progressive harmonization and
modernization of the law of international trade1 by preparing and promoting the use and adoption of
legislative and non-legislative instruments in a number of key areas of commercial law. Those areas
include dispute resolution, international contract practices, transport, insolvency, electronic commerce,
international payments, secured transactions, procurement and sale of goods. These instruments are
negotiated through an international process involving a variety of participants, including member States
of UNCITRAL, non-member States, and invited intergovernmental and non-governmental organizations.
As a result of this inclusive process, these texts are widely accepted as offering solutions appropriate to
different legal traditions and to countries at different stages of economic development. In the years since
its establishment, UNCITRAL has been recognized as the core legal body of the United Nations system
in the field of international trade law.

The UNCITRAL Model Law on International Commercial Arbitration was prepared by UNCITRAL,
and adopted by the United Nations Commission on International Trade Law on 21 June 1985. In 2006
the model law was amended, it now includes more detailed provisions on interim measures.
The model law is not binding, but individual states may adopt the model law by incorporating it into their
domestic law (as, for example, Australia did, in the International Arbitration Act 1974, as amended).
The model law was published in English and in French. Translations in all six United Nations languages
now exist.

The United Nations Conference on Trade and Development (UNCTAD)

The United Nations Conference on Trade and Development (UNCTAD) was established in 1964 as a
permanent intergovernmental body. UNCTAD is the part of the United Nations Secretariat dealing with
trade, investment, and development issues.
Headquarters location: Geneva, Switzerland
Head: Mukhisa Kituyi
Formation: 30 December 1964; 54 years ago
Founder: United Nations General Assembly
Founded: December 30, 1964
Parent organizations: United Nations General Assembly, United Nations Secretariat

The World Trade Organization – WTO

The WTO is the successor to the General Agreement on Tariffs and Trade (GATT), which was created in
1947 in the expectation that it would soon be replaced by a specialized agency of the United
Nations (UN) to be called the International Trade Organization (ITO). Although the ITO never
materialized, the GATT proved remarkably successful in liberalizing world trade over the next five
decades. By the late 1980s there were calls for a stronger multilateral organization to monitor trade and
resolve trade disputes. Following the completion of the Uruguay Round (1986–94) of multilateral trade
negotiations, the WTO began operations on January 1, 1995.

The World Trade Organization is an intergovernmental organization that is concerned with the regulation
of international trade between nations.
Headquarters: Geneva, Switzerland
Founded: January 1, 1995
Membership: 164 member states
Official language: English, French, Spanish
Formation: 1 January 1995; 24 years ago
Purpose: Reduction of tariffs and other barriers to trade
The WTO is run by its member governments. All major decisions are made by the membership as a
whole, either by ministers (who meet at least once every two years) or by their ambassadors or delegates
(who meet regularly in Geneva).

The main functions of the WTO are:

Administering WTO trade agreements.
Providing forum for trade negotiations.
Handling trade disputes.
Monitoring Members' trade policies.
Providing technical assistance and training to developing and least developed economies.
Cooperating with other international organizations.

International conventions

AFS - International Convention on the

Control of Harmful Anti-Fouling Systems on
Ships
The International Convention on the Control of Harmful Anti-fouling Systems in Ships (AFS
Convention) is a 2001 International Maritime Organization (IMO) treaty whereby states agree to
prohibit the use of harmful anti-fouling paints and other anti-fouling systems that contain harmful
substances. In particular, the use of the organotin tributyltin is prohibited, since leaching of that chemical
from the hulls of ships has been shown to cause deformations in oysters and sex changes in whelks.
The Convention was concluded in London on 5 October 2001 and entered into force on 17 September
2008. As of November 2018, it has been ratified by 81 states, which includes 79 United Nations member
states plus the Cook Islands and Niue. A ratifying state agrees to enforce the prohibitions of the
Convention on all ships flying its flag and on any ship that enters a port, shipyard, or offshore terminal of
the state. The 81 ratifying states represent approximately 94 per cent of the gross tonnage of the world's
merchant fleets.

BWM - International Convention for the Control and

Management of Ships' Ballast Water and Sediments,
2004
The International Convention for the Control and Management of Ships' Ballast Water and
Sediments (Ballast Water Management Convention or BWM Convention) is a 2004
international maritime treaty which requires signatory flag states to ensure that ships flagged by them
comply with standards and procedures for the management and control of ships' ballast water and
sediments. The Convention aims to prevent the spread of harmful aquatic organisms from one region to
another and halt damage to the marine environment from ballast water discharge, by minimising the
uptake and subsequent discharge of sediments and organisms. From 2024 all ships are required to have
approved Ballast Water Management Treatment System, according to the D2 standard (see below).
Existing ships are required to install an approved system, which may cost up to 5 million USD per ship to
install. To assist with implementation the IMO has released 14 Guidance documents in regards to the
Convention including the G2 Guidelines for Ballast Water Sampling, G4 Guidelines for Ballast Water
management and G6 Guidelines for Ballast Water Exchange.
To enter into force, the Convention required ratification by a minimum of 30 States, representing 35% of
world merchant shipping tonnage, subject to which it would enter into force 12 months later. On 8
September 2016, Finland acceded to the Convention, bringing the contracting states to 52 and the
combined tonnage of States to 35.14%.[5] This triggered the applicability of the entry into force date of
the Convention, which occurred on 8 September 2017. Since Finland, a number of States have continued
to ratify the treaty, bringing the total as of November 2018 to 78 contracting States, representing 77.19
per cent of world merchant shipping tonnage.

All international sea going ships under the Convention must implement a ‘Ballast water management
plan’ that enables the ship to manage their ballast water and sediment discharge to a certain
standard.[6] The plan is designed to meet the requirements for compliance with the Convention and the G4
Guidelines produced by the IMO. It includes standard operational guidance, planning and management,
as well as additional details including sampling points and systems. Additionally all ships over 400GT
must also carry a ballast water record book that details such requirements as the filling and discharge of
each tank, according to time, date, location and the treatment applied to the water.
Ships that comply with the Convention will receive and are duly required to carry an international ballast
water management certificate.

Standards
Under the Convention, ships are required, according to a timetable of implementation, to comply with
the D1 or D2 standards. The D1 standard requires ships to carry out a ballast water exchange, and
specifies the volume of water that must be replaced.[15] This standard involves exchanging the up taken
discharge water from the last port, with new sea water; it must occur at a minimum of 200 nautical miles
from shore. The D2 standard is more stringent and requires the use of an approved ballast water
treatment system. The system must ensure that only small levels of viable organisms remain left in water
after treatment so as to minimise the environmental impact of shipping.
New ships will be required to install and comply with the D2 standard from the 8th September 2017,
once the Convention has entered into force. Existing ships, who are subject to the phased
implementation schedule, have potentially (depending on the renewal of their ship certificates) until the
8th September 2024, by which time all ships will comply with the D2 standard.
It is also possible for ships to discharge ballast at approved shore reception facilities in ports, as article 5
requires that when cleaning or repair of a ships ballast tanks occurs, ports should have adequate reception
facilities for the sediments.[1] Facilities must include safe disposal arrangements, storage and treatment
equipment, safe and suitable mooring and emergency arrangements and the necessary reducers for
connections to ships.
Some ships may be exempted from complying with the Convention, according to certain conditions and
the appropriate permission being given by a flag State. [12] These include ships trading in a limited area,
small vessels including sailboats and fishing vessels, vessels only operating on one coast and
also FPSOs.

COLREGS - International Regulations for

Preventing Collisions at Sea
The International Regulations for Preventing Collisions at Sea 1972 (COLREGs) are published by
the International Maritime Organization (IMO) and set out, among other things, the "rules of the road" or
navigation rules to be followed by ships and other vessels at sea to prevent collisions between two or
more vessels.

The International Regulations for Preventing Collisions at Sea were adopted as a convention of the
International Maritime Organization on 20 October 1972 and entered into force on 15 July 1977. They
were designed to update and replace the Collision Regulations of 1960, particularly with regard to Traffic
Separation Schemes (TSS) following the first of these, introduced in the Strait of Dover in 1967.[1] As of
June 2013, the convention has been ratified by 155 states representing 98.7% of the tonnage of the
world's merchant fleets
They have been amended several times since their first adoption. In 1981 Rule 10 was amended with
regard to dredging or surveying in traffic separation schemes. In 1987 amendments were made to several
rules, including rule 1(e) for vessels of special construction; rule 3(h), vessels constrained by her draught
and Rule 10(c), crossing traffic lanes. In 1989 Rule 10 was altered to stop unnecessary use of the inshore
traffic zones associated with TSS. In 1993 amendments were made concerning the positioning of lights
on vessels. In 2001 new rules were added relating to wing-in-ground-effect (WIG) craft and in 2007 the
text of Annex IV (Distress signals) was rewritten.[1]

CSC - International Convention for Safe Containers, 1972

Adoption: 2 December 1972; Entry into force: 6 September 1977
In the 1960s, there was a rapid increase in the use of freight containers for the consignment of goods by
sea and the development of specialized container ships. In 1967, IMO undertook to study the safety of
containerization in marine transport. The container itself emerged as the most important aspect to be
considered.
IMO, in co-operation with the Economic Commission for Europe, developed a draft convention and in
1972 the finalized Convention was adopted at a conference jointly convened by the United Nations and
IMO.
The 1972 Convention for Safe Containers has two goals.
One is to maintain a high level of safety of human life in the transport and handling of containers by
providing generally acceptable test procedures and related strength requirements.
The other is to facilitate the international transport of containers by providing uniform international
safety regulations, equally applicable to all modes of surface transport. In this way, proliferation of
divergent national safety regulations can be avoided.
The Convention includes two Annexes:
Annex I includes Regulations for the testing, inspection, approval and maintenance of containers
Annex II covers structural safety requirements and tests, including details of test procedures.
Load Lines, 1966/1988 - International
Convention on Load Lines, 1966, as
Amended by the Protocol of 1988
The International Convention on Load Lines (CLL), was signed in London on 5 April 1966, amended by
the 1988 Protocol and further revised in 2003. The convention pertains specifically to a ship's load
line (also referred to as the "waterline"), a marking of the highest point on a ship's hull that can safely
meet the surface of the water; a ship that is loaded to the point where its load line is underwater and no
longer visible has exceeded its draft and is in danger because its capacity has been exceeded.
The 1988 Protocol was adopted to harmonise the survey and certification requirement of the 1966
Convention with those contained in the International Convention for the Safety of Life at Sea (SOLAS)
and MARPOL 73/78.
In accordance with the International Convention on Load Lines (CLL 66/88), all assigned load lines must
be marked amidships on each side of the ships engaged in international voyages. The determinations of
the freeboard of ships are calculated and/or verified by classification societies which issue International
Load Line Certificates in accordance with the legislation of participating States.

The International Convention for the

Prevention of Pollution from Ships, 1973 as
modified by the Protocol of 1978
(MARPOL 73/78)
MARPOL is short for maritime pollution and 73/78 short for the years 1973 and 1978) is one of the most
important international marine environmental conventions. It was developed by the International
Maritime Organization in an effort to minimize pollution of the oceans and seas, including dumping, oil
and air pollution. The objective of this convention is to preserve the marine environment in an attempt to
completely eliminate pollution by oil and other harmful substances and to minimize accidental spillage of
such substances.
The original MARPOL was signed on 17 February 1973, but did not come into force at the signing date.
The current convention is a combination of 1973 Convention and the 1978 Protocol, [2] which entered into
force on 2 October 1983. As of January 2018, 156 states are parties to the convention, being flag states of
99.42% of the world's shipping tonnage. [1]
All ships flagged under countries that are signatories to MARPOL are subject to its requirements,
regardless of where they sail and member nations are responsible for vessels registered on their national
ship registry.[3]
Annex I
MARPOL Annex I came into force on 2 October 1983 and deals with discharge of oil into the ocean
environment. It incorporates the oil discharge criteria prescribed in the 1969 amendments to the
1954 International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL). It specifies
tanker design features that are intended to minimize oil discharge into the ocean during ship operations
and in case of accidents. It provides regulations with regard to treatment of engine room bilge water
(OWS) for all large commercial vessels and ballast and tank cleaning waste (ODME). It also introduces
the concept of "special sea areas (PPSE)" which are considered to be at risk to pollution by oil. Discharge
of oil within them has been completely outlawed, with a few minimal exceptions. [5]
The first half of MARPOL Annex I deals with engine room waste. There are various generations of
technologies and equipment that have been developed to prevent waste such as: Oily water
separators (OWS), Oil Content meters (OCM), and Port Reception Facilities. [6]
The second part of the MARPOL Annex I has more to do with cleaning the cargo areas and tanks. Oil
Discharge Monitoring Equipment (ODME) is a very important technology mentioned in MARPOL
Annex I that has greatly helped improve sanitation in these areas. [6]
The Oil Record Book is another integral part of MARPOL Annex I. The Oil Record Book helps crew
members log and keep track of oily waste water discharges among other things.
Annex II
MARPOL Annex II came into force on 6 April 1987. It details the discharge criteria for the elimination
of pollution by noxious liquid substances carried in large quantities. It divides substances into and
introduces detailed operational standards and measures. The discharge of pollutants is allowed only to
reception facilities with certain concentrations and conditions. No matter what, no discharge of residues
containing pollutants is permitted within 12 nautical miles (22 kilometres) of the nearest land. Stricter
restrictions apply to "special areas".
Annex II covers the International Bulk Chemical Code (IBC Code) in conjunction with Chapter 7 of
the SOLAS Convention. Previously, chemical tankers constructed before 1 July 1986 must comply with
the requirements of the Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (BCH Code).[7]
Annex III
MARPOL Annex III came into force on 1 July 1992. It contains general requirements for the
standards on packing, marking, labeling, documentation, stowage, quantity subtraction, division
and notifications for preventing pollution by harmful substances. The Annex is in line with the
procedures detailed in the International Maritime Dangerous Goods (IMDG) Code, which has been
expanded to include marine pollutants. The amendments entered into force on 1 January 1991. [5]
Annex IV
Marpol Annex IV came into force on 27 September 2003. It introduces requirements to control
pollution of the sea by sewage from ships.
Annex V
MARPOL Annex V (Regulations for the Prevention of Pollution by Garbage from Ships) came into
force on 31 December 1988. It specifies the distances from land in which materials may be disposed of
and subdivides different types of garbage and marine debris. The requirements are much stricter in a
number of "special areas" but perhaps the most prominent part of the Annex is the complete ban
of dumping plastic into the ocean.[8]
Annex VI
MARPOL Annex VI came into force on 19 May 2005. It introduces requirements to regulate the air
pollution being emitted by ships, including the emission of ozone-depleting substances, Nitrogen
Oxides (NOx), Sulphur Oxides (SOx), Volatile Organic Compounds (VOCs) and shipboard incineration.
It also establishes requirements for reception facilities for wastes from exhaust gas cleaning systems,
incinerators, fuel oil quality, for off-shore platforms and drilling rigs and for the establishment of SOx
Emission Control Areas (SECAs).[5]
IMO 2020
On 1 January 2020 new emission standards will be enforced for fuel oil used by ships, known
as IMO 2020. The global sulphur limit (outside SECA’s) will drop from an allowed 3.5% sulphur
in marine fuels to 0.5%. This will significantly improve the air quality in many populated coastal and
port areas, which will prevent over 100,000 early deaths each year, and many more cases of asthma in
these regions and cities.[9] Over 170 countries have signed on to the changes, including the United
States.[10] This is expected to create massive changes for the shipping and oil industries, with major
updates required to ships and the increased production of lower sulphur fuel. [11]
The IMO has worked on ensuring consistent implementation of the 0.5% sulphur limit in its Marine
Environmental Protection Committee (MEPC) and its subcommittee on Pollution Prevention and
Response (PPR). This has led to the development on several regulatory and practical measures
(FONAR’s, Carriage Ban, Ship Implementation Plan etc.) to enable any non-compliance to be detected,
for example during port State controls (PSC’s). [12]
SFV - International Convention for the
Safety of Fishing Vessels (The Torremolinos
Convention)Regulations for the Construction
and Equipment of Fishing Vessels
Adoption: 2 April 1977; superseded by the 1993 Torremolinos Protocol; Cape Town Agreement of 2012
on the Implementation of the Provisions of the 1993 Protocol relating to the Torremolinos International
Convention for the Safety of Fishing Vessels
The Convention included safety requirements for the construction and equipment of new, decked, seagoing fishing
vessels of 24 metres in length and over, including those vessels also processing their catch.

SOLAS 1974 - International Convention for

the Safety of Life at Sea
Adoption: 1 November 1974; Entry into force: 25 May 1980
The SOLAS Convention in its successive forms is generally regarded as the most important of all
international treaties concerning the safety of merchant ships. The first version was adopted in 1914, in
response to the Titanic disaster, the second in 1929, the third in 1948, and the fourth in 1960. The 1974
version includes the tacit acceptance procedure - which provides that an amendment shall enter into force
on a specified date unless, before that date, objections to the amendment are received from an agreed
number of Parties.
As a result the 1974 Convention has been updated and amended on numerous occasions. The Convention
in force today is sometimes referred to as SOLAS, 1974, as amended.

Technical provisions
The main objective of the SOLAS Convention is to specify minimum standards for the construction,
equipment and operation of ships, compatible with their safety. Flag States are responsible for ensuring
that ships under their flag comply with its requirements, and a number of certificates are prescribed in the
Convention as proof that this has been done. Control provisions also allow Contracting Governments to
inspect ships of other Contracting States if there are clear grounds for believing that the ship and its
equipment do not substantially comply with the requirements of the Convention - this procedure is
known as port State control. The current SOLAS Convention includes Articles setting out general
obligations, amendment procedure and so on, followed by an Annex divided into 14 Chapters.

Chapter I - General Provisions

Includes regulations concerning the survey of the various types of ships and the issuing of documents
signifying that the ship meets the requirements of the Convention. The Chapter also includes provisions
for the control of ships in ports of other Contracting Governments.

Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships into watertight compartments must be such that after assumed
damage to the ship's hull the vessel will remain afloat and stable. Requirements for watertight integrity
and bilge pumping arrangements for passenger ships are also laid down as well as stability requirements
for both passenger and cargo ships.

The degree of subdivision - measured by the maximum permissible distance between two adjacent
bulkheads - varies with ship's length and the service in which it is engaged. The highest degree of
subdivision applies to passenger ships.
Requirements covering machinery and electrical installations are designed to ensure that services which
are essential for the safety of the ship, passengers and crew are maintained under various emergency
conditions.

"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010, requiring new ships to be
designed and constructed for a specified design life and to be safe and environmentally friendly, in intact
and specified damage conditions, throughout their life. Under the regulation, ships should have adequate
strength, integrity and stability to minimize the risk of loss of the ship or pollution to the marine
environment due to structural failure, including collapse, resulting in flooding or loss of watertight
integrity.

Chapter II-2 - Fire protection, fire detection and fire extinction

Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo
ships and tankers.

They include the following principles: division of the ship into main and vertical zones by thermal and
structural boundaries; separation of accommodation spaces from the remainder of the ship by thermal
and structural boundaries; restricted use of combustible materials; detection of any fire in the zone of
origin; containment and extinction of any fire in the space of origin; protection of the means of escape or
of access for fire-fighting purposes; ready availability of fire-extinguishing appliances; minimization of
the possibility of ignition of flammable cargo vapour.

Chapter III - Life-saving appliances and arrangements

The Chapter includes requirements for life-saving appliances and arrangements, including requirements
for life boats, rescue boats and life jackets according to type of ship. The International Life-Saving
Appliance (LSA) Code gives specific technical requirements for LSAs and is mandatory under
Regulation 34, which states that all life-saving appliances and arrangements shall comply with the
applicable requirements of the LSA Code.

Chapter IV – Radio communications

The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger
ships and all cargo ships of 300 gross tonnage and upwards on international voyages are required to carry
equipment designed to improve the chances of rescue following an accident, including satellite
emergency position indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs) for
the location of the ship or survival craft.
Regulations in Chapter IV cover undertakings by contracting governments to provide
radiocommunication services as well as ship requirements for carriage of radiocommunications
equipment. The Chapter is closely linked to the Radio Regulations of the International
Telecommunication Union.

Chapter V - Safety of navigation

Chapter V identifies certain navigation safety services which should be provided by Contracting
Governments and sets forth provisions of an operational nature applicable in general to all ships on all
voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of ship
engaged on international voyages.

The subjects covered include the maintenance of meteorological services for ships; the ice patrol service;
routeing of ships; and the maintenance of search and rescue services.

This Chapter also includes a general obligation for masters to proceed to the assistance of those in
distress and for Contracting Governments to ensure that all ships shall be sufficiently and efficiently
manned from a safety point of view.

The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship
identification systems (AIS).

Chapter VI - Carriage of Cargoes

The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their particular
hazards to ships or persons on board, may require special precautions". The regulations include
requirements for stowage and securing of cargo or cargo units (such as containers). The Chapter requires
cargo ships carrying grain to comply with the International Grain Code.

Chapter VII - Carriage of dangerous goods

The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the classification,
packing, marking, labelling and placarding, documentation and stowage of dangerous goods. Contracting
Governments are required to issue instructions at the national level and the Chapter makes mandatory the
International Maritime Dangerous Goods (IMDG) Code, developed by IMO, which is constantly updated
to accommodate new dangerous goods and to supplement or revise existing provisions.

Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the documentation, stowage and
segregation requirements for these goods and requires reporting of incidents involving such goods.

Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and
requires chemical tankers to comply with the International Bulk Chemical Code (IBC Code).

Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas carriers to
comply with the requirements of the International Gas Carrier Code (IGC Code).

Part D includes special requirements for the carriage of packaged irradiated nuclear fuel, plutonium and
high-level radioactive wastes on board ships and requires ships carrying such products to comply with
the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-
Level Radioactive Wastes on Board Ships (INF Code).

The chapter requires carriage of dangerous goods to be in compliance with the relevant provisions of the
International Maritime Dangerous Goods Code (IMDG Code).

Chapter VIII - Nuclear ships

Gives basic requirements for nuclear-powered ships and is particularly concerned with radiation hazards.
It refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which was adopted
by the IMO Assembly in 1981.

Chapter IX - Management for the Safe Operation of Ships

The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a safety
management system to be established by the shipowner or any person who has assumed responsibility for
the ship (the "Company").

Chapter X - Safety measures for high-speed craft

The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).

Chapter XI-1 - Special measures to enhance maritime safety

The Chapter clarifies requirements relating to authorization of recognized organizations (responsible for
carrying out surveys and inspections on Administrations' behalves); enhanced surveys; ship identification
number scheme; and port State control on operational requirements.

Chapter XI-2 - Special measures to enhance maritime security

Regulation XI-2/3 of the chapter enshrines the International Ship and Port Facilities Security Code
(ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how best to comply
with the mandatory requirements. Regulation XI-2/8 confirms the role of the Master in exercising his
professional judgement over decisions necessary to maintain the security of the ship. It says he shall not
be constrained by the Company, the charterer or any other person in this respect.

Regulation XI-2/5 requires all ships to be provided with a ship security alert system. ,Regulation XI-2/6
covers requirements for port facilities, providing among other things for Contracting Governments to
ensure that port facility security assessments are carried out and that port facility security plans are
developed, implemented and reviewed in accordance with the ISPS Code. Other regulations in this
chapter cover the provision of information to IMO, the control of ships in port, (including measures such
as the delay, detention, restriction of operations including movement within the port, or expulsion of a
ship from port), and the specific responsibility of Companies.

Chapter XII - Additional safety measures for bulk carriers

The Chapter includes structural requirements for bulk carriers over 150 metres in length.
Chapter XIII - Verification of compliance
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for ships operating in polar waters
The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A of the International
Code for Ships Operating in Polar Waters (the Polar Code).
Amendments
The 1974 Convention has been amended many times to keep it up to date. See History of SOLAS.
Amendments adopted by the Maritime Safety Committee (MSC) are listed in MSC Resolutions.

Hong Kong International Convention For The Safe And Environmentally Sound Recycling of Ships,
2009
Adoption: 15 May 2009; Entry into force: 24 months after ratification by 15 States, representing 40 per
cent of world merchant shipping by gross tonnage, combined maximum annual ship recycling volume
not less than 3 per cent of their combined tonnage
The Hong Kong Convention) is aimed at ensuring that ships, when being recycled after reaching the end
of their operational lives, do not pose any unnecessary risk to human health and safety or to the
environment.

The Hong Kong Convention was adopted at a Diplomatic Conference held in Hong Kong, China, in May
2009 and was developed with input from IMO Member States and non governmental organizations, and
in co-operation with the International Labour Organization and the Parties to the Basel Convention on
the Control of Transboundary Movements of Hazardous Wastes and their Disposal. It intends to address
all the issues around ship recycling, including the fact that ships sold for scrapping may contain
environmentally hazardous substances such as asbestos, heavy metals, hydrocarbons, ozone depleting
substances and others. It will address concerns about working and environmental conditions in many of
the world's ship recycling facilities.

Regulations in the new Convention cover: the design, construction, operation and preparation of ships so
as to facilitate safe and environmentally sound recycling, without compromising the safety and
operational efficiency of ships; the operation of ship recycling facilities in a safe and environmentally
sound manner; and the establishment of an appropriate enforcement mechanism for ship recycling,
incorporating certification and reporting requirements.

Ships to be sent for recycling will be required to carry an inventory of hazardous materials, which will be
specific to each ship. An appendix to the Convention provides a list of hazardous materials, the
installation or use of which is prohibited or restricted in shipyards, ship repair yards, and ships of Parties
to the Convention. Ships will be required to have an initial survey to verify the inventory of hazardous
materials, renewal surveys during the life of the ship, and a final survey prior to recycling.

Ship recycling yards will be required to provide a Ship Recycling Plan, to specify the manner in which
each individual ship will be recycled, depending on its particulars and its inventory. Parties will be
required to take effective measures to ensure that ship recycling facilities under their jurisdiction comply
with the Convention.
A series of guidelines are being finalized to assist in the Convention's implementation.
 STCW - International Convention on
Standards of Training, Certification and
Watch keeping for Seafarers
Adoption: 7 July 1978; Entry into force: 28 April 1984; Major revisions in 1995 and 2010
The 1978 STCW Convention was the first to establish basic requirements on training, certification and
watch keeping for seafarers on an international level. Previously the standards of training, certification
and watch keeping of officers and ratings were established by individual governments, usually without
reference to practices in other countries. As a result standards and procedures varied widely, even though
shipping is the most international of all industries.
The Convention prescribes minimum standards relating to training, certification and watchkeeping for
seafarers which countries are obliged to meet or exceed.

The 1995 amendments, adopted by a Conference, represented a major revision of the Convention, in
response to a recognized need to bring the Convention up to date and to respond to critics who pointed
out the many vague phrases, such as "to the satisfaction of the Administration", which resulted in
different interpretations being made.
The 1995 amendments entered into force on 1 February 1997. One of the major features of the revision
was the division of the technical annex into regulations, divided into Chapters as before, and a new
STCW Code, to which many technical regulations were transferred. Part A of the Code is mandatory
while Part B is recommended.
Dividing the regulations up in this way makes administration easier and it also makes the task of revising
and updating them more simple: for procedural and legal reasons there is no need to call a full conference
to make changes to Codes.

Another major change was the requirement for Parties to the Convention are required to provide detailed
information to IMO concerning administrative measures taken to ensure compliance with the
Convention. This represented the first time that IMO had been called upon to act in relation to
compliance and implementation - generally, implementation is down to the flag States, while port State
control also acts to ensure compliance. Under Chapter I, regulation I/7 of the revised Convention, Parties
are required to provide detailed information to IMO concerning administrative measures taken to ensure
compliance with the Convention, education and training courses, certification procedures and other
factors relevant to implementation. The information is reviewed by panels of competent persons,
nominated by Parties to the STCW Convention, who report on their findings to the IMO Secretary-
General, who, in turn, reports to the Maritime Safety Committee (MSC) on the Parties which fully
comply. The MSC then produces a list of "confirmed Parties" in compliance with the STCW Convention.

STCW Convention chapters

Chapter I: General provisions
Chapter II: Master and deck department
Chapter III: Engine department
Chapter IV: Radiocommunication and radio personnel
Chapter V: Special training requirements for personnel on certain types of ships
Chapter VI: Emergency, occupational safety, medical care and survival functions
Chapter VII: Alternative certification
Chapter VIII: Watchkeeping

The STCW Code

The regulations contained in the Convention are supported by sections in the STCW Code. Generally
speaking, the Convention contains basic requirements which are then enlarged upon and explained in the
Code. Part A of the Code is mandatory. The minimum standards of competence required for seagoing
personnel are given in detail in a series of tables. Part B of the Code contains recommended guidance
which is intended to help Parties implement the Convention. The measures suggested are not mandatory
and the examples given are only intended to illustrate how certain Convention requirements may be
complied with. However, the recommendations in general represent an approach that has been
harmonized by discussions within IMO and consultation with other international organizations.

The Manila amendments to the STCW Convention and Code were adopted on 25 June 2010,
marking a major revision of the STCW Convention and Code. The 2010 amendments entered into
force on 1 January 2012 under the tacit acceptance procedure and are aimed at bringing the
Convention and Code up to date with developments since they were initially adopted and to enable
them to address issues that are anticipated to emerge in the foreseeable future.

Amongst the amendments adopted, there are a number of important changes to each chapter of the
Convention and Code, including:
 Improved measures to prevent fraudulent practices associated with certificates of competency
and strengthen the evaluation process (monitoring of Parties' compliance with the Convention);
 Revised requirements on hours of work and rest and new requirements for the prevention of drug
and alcohol abuse, as well as updated standards relating to medical fitness standards for
seafarers;
 New certification requirements for able seafarers;
 New requirements relating to training in modern technology such as electronic charts and
information systems (ECDIS);
 New requirements for marine environment awareness training and training in leadership and
teamwork;
 New training and certification requirements for electro-technical officers;
 Updating of competence requirements for personnel serving on board all types of tankers,
including new requirements for personnel serving on liquefied gas tankers;
 New requirements for security training, as well as provisions to ensure that seafarers are properly
trained to cope if their ship comes under attack by pirates;
 Introduction of modern training methodology including distance learning and web-based
learning;
 New training guidance for personnel serving on board ships operating in polar waters; and
 New training guidance for personnel operating Dynamic Positioning Systems.

Tonnage - International Convention on

Tonnage Measurement of Ships, 1969
Adoption: 23 June 1969; Entry into force: 18 July 1982
The Convention, adopted by IMO in 1969, was the first successful attempt to introduce a universal
tonnage measurement system.
Previously, various systems were used to calculate the tonnage of merchant ships. Although all went
back to the method devised by George Moorsom of the British Board of Trade in 1854, there were
considerable differences between them and it was recognized that there was a great need for one single
international system.
The Convention provides for gross and net tonnages, both of which are calculated independently.
The rules apply to all ships built on or after 18 July 1982 - the date of entry into force - while ships built
before that date were allowed to retain their existing tonnage for 12 years after entry into force, or until
18 July 1994.
This phase-in period was intended to ensure that ships were given reasonable economic safeguards,
since port and other dues are charged according to ship tonnage. At the same time, and as far as possible,
the Convention was drafted to ensure that gross and net tonnages calculated under the new system did
not differ too greatly from those calculated under previous methods.

Gross tonnage and net tonnage

The Convention meant a transition from the traditionally used terms gross register tons (grt) and net
register tons (nrt) to gross tonnage(GT) and net tonnage (NT).
Gross tonnage forms the basis for manning regulations, safety rules and registration fees. Both gross and
net tonnages are used to calculate port dues.The gross tonnage is a function of the moulded volume of all
enclosed spaces of the ship. The net tonnage is produced by a formula which is a function of the moulded
volume of all cargo spaces of the ship. The net tonnage shall not be taken as less than 30 per cent of the
gross tonnage.

The 5 important instruments of IMO are:

Conventions
Protocols
Amendments
Recommendations, codes, and guidelines
Resolutions
Conventions
A convention is a written agreement with several parts. Conventions form a major part of maritime
affairs governed by the IMO. Some of the major conventions by IMO are Safety of Life at Sea (SOLAS)
1974 convention and International convention for prevention of pollution from Ships (MARPOL).
It is to note that conventions generally have several sub-parts, which would describe in details various
aspects of the subject defined by that particular convention. For e.g. MARPOL convention has six parts
which are known as annexes. Each of this annexe deals with different aspect of marine pollution.
It is also possible that details given within a convention are put under an associated code, which provides
further technical details of that aspect; for e.g. the Life saving appliances (LSA) code gives details for
minimum requirements for safety equipment used on board ships.
Each member state must accept the details mentioned in conventions put forth by the IMO and agree to
international supervision required under such conventions.
Thus, conventions act as a treaty between the IMO and member states. It is imperative that every
member state abides by the rules and regulations put forth by the IMO.
Protocols
Protocol is an important instrument used by the IMO to introduce changes to conventions, which are
already adopted but not yet entered into force.
For e.g. SOLAS convention 1973 was amended twice using protocols – by 1978 SOLAS protocol which
entered into force in 1st May 1981 and by 1988 SOLAS protocol which entered into force on 3 rd Feb
2000. Both the protocols are now known as SOLAS 74/78 and SOLAS 74/88.
Amendments
As mentioned above, amendments are major changes that are brought into action using protocols.
Amendments are the reforms that are needed in a convention and are backed by the protocols.
For e.g. Because of several accidents at sea, there was an urgent need to change the MARPOL 1973
convention in 1970s. These changes or amendments were brought into action by the combined
convention-protocol instrument called MARPOL 73/78 on 2nd October 1983.
Recommendations, codes, and guidelines
Recommendations are mainly guidelines which are not legally accepted. They are not formal documents
like convention or protocol but are a list of recommended practices that are closely linked to conventions.
For e.g. timber deck cargo code
Recommendations can also be guidelines which are waiting to be accepted by the IMO.
However, it is to note that though recommendations are not legally binding, some governments might
apply them in whole or in part.
Codes and guidelines can be both mandatory and non mandatory. Codes such as ISM and IBC codes are
mandatory and are a part of a parent convention or protocol.
Resolutions
Resolutions are the finalized documents which are accepted by the IMO or any of the main body under
IMO. They generally result from an agreement on a recommendation or amendment.
Resolution passed by the assembly is denoted in a peculiar manner.
For e.g. Resolution A. 586 (XIV)
Where, A = assembly; 586 = serial number of resolution; and XIV = Made by the 14 th session of the
assembly
E.g. 2: MEPC. 54 (32)
Where, MEPC = Marine environment protection committee; 54 = serial number; 32 = 32 nd session of the
committee.
 UNIT 2: INDIAN MERCHANT
SHIPPING ACT 1958
Application of Act: Unless otherwise expressly provided, the provisions of this Act which apply to
(a) any vessel which is registered in India; or
(b) any vessel which is required by this Act to be so registered; or
(c) any other vessel which is owned wholly by persons to each of whom any of the descriptions specified in
clause (a) or in clause (b) or in clause (c), as the case may be, of section 21 applies,
shall so apply wherever the vessel may be.
(2) Unless otherwise expressly provided, the provisions of this Act which apply to vessels other than those
referred to in sub-section (1) shall so apply only while any such vessel is within India, including the
territorial waters thereof.]

Definitions:
In this Act, unless the context otherwise requires,―
“cargo ship” means a ship which is not a Passenger ship;

“coasting ship” means a ship exclusively employed in trading between any port or place in India and any
other port or place on the continent of India or between ports or places in India and ports or places in
Ceylon or Burma;

“coasting trade of India” means the carriage by sea of passengers or goods from any port or place in India
to any other port or place on the continent of India;

“collision regulations” means the regulations made under section 285 for the prevention of collisions at
sea;

“company” means a company as defined in section 3 of the Companies Act, 1956 (1 of 1956);

“country to which the Load Line Convention applies” means,―

a country the Government of which has been declared 3*** under section 283 to have accepted the Load
Line Convention and has not been so declared to have denounced that Convention;
a country to which it has been so declared that, the Load Line Convention has been applied under the
provisions of 4[article thirty-two] thereof, not being a country to which it has been so declared that that
Convention has ceased to apply under the provisions of that article;

“country to which the Safety Convention applies” means,―

a country the Government of which has been declared under section 283 to have accepted the Safety
Convention and has not been so declared to have denounced that Convention;
a territory to which it has been so declare that the Safety Convention extends, not being a territory to which
it has been so declared that that Convention has ceased to extend;

“court” in relation to sections 178 to 183 (inclusive) means a civil or revenue court;

“Director-General” means the Director-General of Shipping appointed under section 7;

“distressed seaman” means a seaman engaged under this Act who, by reason of having been discharged or
left behind from, or shipwrecked in, any ship at a place outside India, is in distress at that place;

1
“effects”, in relation to a seaman, includes clothes and documents;

“equipment”, in relation to a ship, includes boats, tackle, pumps, apparel, furniture, life saving appliances
of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress,
medicines and medical and surgical stores and appliances, charts, radio installations, appliances for
preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging
gears and appliances of all kinds and all other stores or articles belonging to or to be used in connection
with or necessary for the navigation and safety of the ship;

“family” means―
in the case of male, his wife, his children whether married or unmarried, his dependent parents and his
deceased son's widow and children:
Provided that if a person proves that his wife has ceased under the personal law governing him or the
customary law of the community to which the spouses belong to be entitled to maintenance she shall no
longer be deemed to be a part of such person‟s family for the purpose of this Act unless such person
subsequently intimates by express notice, in writing, to the Central Government that she shall continue to
be so regarded; and
in the case of female, her husband, her children, whether married or unmarried, her dependent parents, her
husband's dependent parents and her deceased son's widow and children:
Provided that if a person by notice in writing to the Central Government expresses her desire to exclude her
husband from the family, the husband and his dependent parents shall no longer be deemed to be a part of
such person's family for the purpose of this Act, unless such person subsequently cancels in writing any
such notice.
Explanation.―In either of the above two cases, if the child, or, as the case may be, the child of a deceased
son, of a person has been adopted by another person and if under the personal law of the adopter adoption is
legally recognised, such a child shall be considered as excluded from the family of the first mentioned
person.]

“fishing vessel” means a ship fitted with mechanical means of propulsion which is exclusively engaged in
sea fishing for profit;

“foreign-going ship” means a ship, not being a home trade ship, employed in trading between any port or
place in India and any other port or place or between ports or places, outside India;

“free board” means the distance measured vertically downwards, amidships, from the upper edge of the
deck line to the upper edge of the related load line;]

“High Court”, in relation to a vessel, means the High Court within the limits of whose appellate
jurisdiction―
the port of registry of the vessel is situate; or
the vessel is for the time being; or
the cause of action wholly or in part arises;

“home-trade ship” means a ship not exceeding three thousand tons gross which is employed in trading
between any port or place in India and any other port or place on the continent of India or between ports or
places in India and ports or places in Ceylon, Maladive Islands, Federation of Malaya, Singapore or Burma;

“Indian consular officer” means the consul-general, consul, vice-consul, consular agent and pro-consul
appointed as such by the Central Government, and includes any person authorised by the Central
Government to perform the functions of consul-general, consul, vice-consul, consular agent or pro-consul;

“Indian ship” means a ship registered as such under this Act and includes any ship registered at any port in
India at the commencement of this Act which is recognised as an Indian ship under the proviso to sub-
section (2) of section 22;

2
“international voyage” means a voyage from or to a port or place in India to or from a port or place
outside India;]

“load line certificate” means the certificate issued under section 316 or section 321;

“Local Line Contention” means the International Convention on Load Lines signed in London on the 5th
day of April, 1966, as amended from time to time;]

“Marine Board” means a Board of Marine Inquiry convened under section 373;

“master” includes any person (except a pilot or harbour master) having command or charge of a ship;

“nuclear ship” means a ship provided with a nuclear power plant;]

“owner” means―
in relation to a ship, the person to whom the ship or a share in the ship belongs;
in relation to a sailing vessel, the person to whom the sailing vessel belongs;

“passenger” means any person carried on board a ship except―

a person employed or engaged in any capacity on board the ship on the business of the ship;
a person on board the ship either in pursuance of the obligations laid upon the master to carry shipwrecked,
distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if
any, could have prevented or forestalled;
a child under one year of age;

“passenger ship” means a ship carrying more than twelve passengers;

“pilgrim” means a person making a pilgrimage and, in the case of a passenger on board a pilgrim ship,
includes every person accompanying or travelling with the person making the pilgrimage;
3
[(27) “pilgrimage” means pilgrimage to any holy place in the Hedjaz or to any other place declared by the
Central Government to be a place of pilgrimage by notification in Official Gazette;

“pilgrim ship” means a special trade passenger ship which makes a voyage to or from the Hedjaz, or, as the
case may be, to or from any other place of pilgrimage declared as such by the Central Government in
pursuance of clause (27), during the season of the pilgrimage and which carries pilgrims in a proportion of
not less than one pilgrim for every one hundred tons of the gross tonnage of the ship;]

“port of registry”, in relation to a ship or a sailing vessel, means the port at which she is registered or is to
be registered;

“prescribed” means prescribed by rules made under this Act;

“proceeding” in relation to sections 178 to 183 (inclusive) includes any suit, appeal or application;

“proper officer” means the officer designated by the Central Government to be the proper officer at the
port or place and in respect of the matter to which reference is made in the provision of this Act in which
the expression occurs;

“proper return port”, in relation to a master, seaman or apprentice discharged or left behind, means the
port at which the master, seaman or apprentice was engaged, or the port agreed to as such by the master,
seaman or apprentice, as the case may be;

“radio inspector” means a person appointed as such under section 10;

“registrar” means the registrar referred to in section 24;

3
(a) “repatriation expenses” means expenses incurred in returning a distressed seaman to a proper return port
and in providing him with necessary clothing and maintenance until his arrival at such port, and includes in
the case of a ship wrecked seaman the repayment of expenses incurred in conveying him to port after
shipwreck and maintaining him while being so conveyed; and
(b) “excepted expenses”, in relation to repatriation expenses, means repatriation expenses incurred in cases
where the cause of the seaman being left behind is desertion or absence without leave or imprisonment for
misconduct, or discharge from his ship by a Marine Board on the ground of misconduct;

“Safety Convention” means the Convention for the Safety of Life at Sea signed in London on the 1[1st day
of November, 1974] as amended from time to time;

“safety convention certificate” means,―

a passenger ship safety certificate,
3
[(ia) a special trade passenger ship safety certificate, (ib) a special trade passenger ship space certificate,]
a qualified passenger ship safety certificate,
a cargo ship safety construction Certificate,
a qualified cargo ship safety construction certificate,
a cargo ship safety equipment certificate,
a qualified cargo ship safety equipment certificate,
a cargo ship safety radio telegraphy certificate,
a cargo ship safety radio telephony certificate,
an exemption certificate,
a nuclear passenger ship safety certificate,
a nuclear cargo ship safety certificate, issued under Part IX or, as the case may be, Part IXA;]

“sailing vessel”, means any description of vessel provided with sufficient sail area for navigation under
sails alone, whether or not fitted with mechanical means of propulsion, and includes a rowing boat or canoe
but does not include a pleasure craft;

“salvage” includes all expenses properly incurred by the salvor in the performance of salvage services;
“sea-going”, in relation to a vessel, means a vessel proceeding to sea beyond inland waters or beyond
waters declared to be smooth or partially smooth waters by the Central Government by notification in the
Official Gazette;

“seaman” means every person (except a master, pilot or apprentice) employed or engaged as a member of
the crew of a ship under this Act, but in relation to sections 178 to 183 (inclusive) includes a master;

“seamen‟s employment office” means the seamen's employment office referred to in section 12;

“seamen's welfare officer” means the seamen's welfare officer referred to in section 13;

“security” means maritime security and includes any measure to protect ports or ships or any person or
thing relating directly or indirectly to maritime navigation,—
against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or
pilferage; and
against any other hostile act or influence which threatens the security in the maritime transport sector,
employed by the owners or operators or persons in charge of the vessels or management of port facilities,
offshore installations and other marine organisations or establishments;]

“ship” does not include a sailing vessel;

“shipping master” means the shipping master referred to in section 11; but in relation to any seaman for
the purposes of sections 178 to 183 ((inclusive) means a shipping master appointed,―
for the port at which the seaman entered into, or is believed to have entered into, an agreement, or

4
where the seaman did not enter into his agreement in India, for the port to which the seaman has returned,
or is expected to return, on the completion of his latest voyage;

“shipping office” means the shipping office referred in section 11;

2
[(47A) “special trade” means the conveyance of large number of passengers by sea within prescribed sea
areas;

“special trade passenger” means a passenger carried in special trade passenger ship in spaces on the
weather deck or upper deck or between decks which accommodate more than eight passengers and includes
a pilgrim or a person accompanying a pilgrim;

“special trade passenger ship” means a mechanically propelled ship carrying more than thirty special
trade passengers;]

“surveyor” means the surveyor referred to in section 9;

“tanker” means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an
inflammable nature;]

“tidal water” means any part of the sea and any part of a river within the ebb and flow of the tide at
ordinary spring tides and not being a harbour;

“tindal” means the person in command or charge of a sailing vessel;

“valid international load line certificate” means a certificate purporting to have been issued in accordance
with the Load Line Convention in respect of a ship, other than an Indian ship, by the Government of the
country in which the ship is registered;

“valid safety convention certificate” means a certificate purporting to have been issued in accordance with
the Safety Convention in respect of a ship, other than an Indian ship, by the Government of the country in
which the ship is registered;

“vessel” includes any ship, boat, sailing vessel, or other description of vessel used in navigation;

“voyage” for the purposes of Part VIII, means the whole distance between the ship's port or place of
departure and her final port or place of arrival;

“wages” includes emoluments;

“wreck” includes the following when found in the sea or in tidal water or on the shores thereof―
goods which have been cast into the sea and then sink and remain under water;
goods which have been cast or fall into the sea and remain floating on the surface;
goods which are sunk in the sea, but are attached to a floating object in order that they may be found again;
goods which are thrown away or abandoned; and
a vessel abandoned without hope or intention of recovery;

“young person” means a person under eighteen years of age.

5
Registration of Indian ships; Section 20 to 74
PART V: REGISTRATION OF INDIAN
SHIPS
20. Application of Part.―This Part applies only to sea-going ships fitted with mechanical means
of propulsion.
21. Indian ships.―For the purposes of this Act, a ship shall not be deemed to be an Indian ship
unless owned wholly by persons to each of whom 2[any] of the following descriptions applies:―
(a) a citizen of India; or
(b) [(b) a company or a body established by or under any Central or State Act which has its
principal place of business in India; or
(c) a co-operative society which is registered or deemed to be registered under the Co- operative
Societies Act, 1912 (2 of 1912), or any other law relating to co-operative societies for the time being
in force in any State.]
22. Obligation to register.―(1) Every Indian ship, unless it is a ship which does not exceed
fifteen tons net and is employed solely in navigation on the coasts of India, shall be registered under
this Act.
(2) No ship required by sub-section (1) to be registered shall be recognized as an Indian ship unless
she has been registered under this Act:
Provided that any ship registered at the commencement of this Act at any port in India under any
enactment repealed by this Act, shall be deemed to have been registered under this Act and shall be
recognized as an Indian ship.
(3) A ship required by this Act to be registered may be detained until the master of the ship, if so
required, produces a certificate of registry in respect of the ship.
2
[Explanation.―For the purposes of this section, “ship” does not include a fishing vessel.]
Procedure for registration

23. Ports of registry.―(1) The ports at which registration of ships shall be made shall be the ports
of Bombay, Calcutta and Madras and such other ports in India as the Central Government may, by
notification in the Official Gazette, declare to be ports of registry under this Act.
(2) The port at which an Indian ship is registered for the time being under this Act shall be deemed
to be her port of registry and the port to which she belongs.
24. Registrars of Indian ships.―At each of the ports of Bombay, Calcutta and Madras, the
principal officer of the Mercantile Marine Department, and at any other port such authority as the
Central Government may, by notification in the Official Gazette, appoint, shall be the registrar of Indian
ships at that port:
3
[Provided that subject to such order as the Central Government may issue in this behalf when the
office of registrar of Indian ships at any port is vacant or the holder of such office is on leave or is not
available, for any reason at the port to exercise and discharge the powers, duties and functions of the
office the senior most surveyor at that port may act as and exercise and discharge the powers' duties and
functions of the registrar of Indian ships at that port.]
25. Register book.―Every registrar shall keep a book to be called the register book and entries in
that book shall be made in accordance with, the following provisions:―
(a) the property in a ship shall be divided into ten shares;
6
(b) subject to the provisions of this Act with respect to joint owners or owners by
transmission, not more than ten individuals shall be entitled to be registered at the same time as
owners of any one ship; but this rule shall not affect the beneficial interest of any number of persons
represented by or claiming under or through any registered owner or joint owner;
(c) a person shall not be entitled to be registered as owner of a fractional part of a share in a
ship; but any number of persons not exceeding five may be registered as joint owners of a ship or
of any share or shares therein;
(d) joint owners shall be considered as constituting one person and shall not be entitled to
dispose in severally of any interest in a ship or any share therein in respect of which they are
registered;
(e) a company 1[or a co-operative society] may be registered as owner by its name.

26. Application for registry.―An application for the registry of an Indian ship shall be made―

(a) in the case of an individual, by the person requiring to be registered as owner or by his
agent;
(b) in the case of more than one individual requiring to be so registered, by some one or more
of the persons so requiring or by his or their agent; and
(c) in the case of a company 2[or a co-operative society] requiring to be so registered, by its
agent;
and the authority of the agent shall be testified by writing, if appointed by an individual, under the hand
of the person appointing him and, if appointed by a company, 2[or a co-operative society] under its
common seal.
27. Survey and measurement of ships before registry.―(1) The owner of every Indian ship in
respect of which an application for registry is made shall cause such ship to be surveyed by a surveyor
and the tonnage of the ship ascertained in the prescribed manner.
(2) The surveyor shall grant a certificate specifying the ship‟s tonnage and build and such other
particulars descriptive of the identity of the ship as may be prescribed and the certificate of the surveyor
shall be delivered to the registrar before registry.
28. Marking of ship.―(1) The owner of an Indian ship who applies for registry under this Act
shall, before registry, cause her to be marked permanently and conspicuously in the prescribed manner
and to the satisfaction of the registrar and any ship not so marked may be detained by the registrar.
(2) Subject to any other provision contained in this act and to the provisions of any rules made there
under, the owner and the master of an Indian ship shall take all reasonable steps to ensure that the ship
remains marked as required by this section, and the said owner or master shall not cause or permit any
alterations of such marks to be made except in the event of any of the particulars thereby denoted being
altered in the manner provided in this Act or except to evade capture by the enemy or by a foreign ship
of war in the exercise of some belligerent right.
29. Declaration of ownership on registry.―A person shall not be registered as the owner of an
Indian ship or of a share therein until he or, in the case of a company 3[or a co-operative society], the
person authorised by this Act to make declarations on its behalf has made and signed a declaration of
ownership in the prescribed form referring to the ship as described in the certificate of the surveyor
and containing the following particulars:―
(a) a statement whether he is or is not a citizen of India; 1[or in the case of a company, or a co-
operative society, whether the company or a co-operative society, satisfies the requirements
specified in clause (b) or, as the case may be, clause (c) of section 21];
(b) a statement of the time when and the place where the ship was built or if the ship is built
7
 outside India and the time and place of building is not known, a statement to that effect; and in
addition, in the case of a ship previously registered outside India, a statement of the name by which
she was so registered;
(c) the name of her master;

(d) the number of shares in the ship in respect of which he or the company, 2[or the co-operative
society], as the case may be, claims to be registered as owner; and
(e) a declaration that the particulars stated arc true to the best of his knowledge and belief.

Explanation.―In respect of a ship or share owned by more than one person, a declaration may be
made by such one of them as may be authorised by them.
30. Evidence on first registry.―On the first registry of an Indian ship the following evidence shall
be produced in addition to the declaration of ownership:―
(a) in the case of a ship built in India, a builder‟s certificate, that is to say, a certificate signed
by the builder of the ship and containing a true account of the proper denomination and the tonnage
of the ship as estimated by him and the time when and the place where she was built, and the name
of the person, if any on whose account the ship was built, and if there has been any sale, the
instrument of sale under which the ship or the share therein has become vested in the applicant for
registry;
(b) in the case of a ship built outside India, the same evidence as in the case of a ship built in
India unless the declarant who makes the declaration of ownership declares that the time and place
of her building are not known to him, or that the builder‟s certificate cannot be procured, in which
case there shall be required only the instrument of sale under which the ship or a share therein has
become vested in the applicant for registry.
31. Entry of particulars in register book.―As soon as the requirements of this Act preliminary
to registry have been complied with the registrar shall enter in the register book the following particulars
in respect of the ship:―
(a) the name of the ship and the name of the port to which she belongs;
3
[(aa) the ship identification number;]

(b) the details contained in the surveyor‟s certificate;

the particulars respecting her origin stated in the declaration of ownership; and
(c) the name and description of her registered owner or owners, and, if there are more owners
than one, the number of shares owned by each of them.

32. Documents to be retained by registrar.―On the registry of a ship, the registrar shall retain in
his custody the following documents :―

(a) the surveyor's certificate;

(b) the builder's certificate;

(c) any instrument of sale by which the ship was previously sold;
(d) all declarations of ownership.
33. Power of Central Government to inquire into title of Indian ship to be so registered.―(1)
Where it appears to the Central Government that there is any doubt as to the title of any Indian ship to
be registered as an Indian ship, it may direct the registrar of her port of registry to require evidence to
be given to his satisfaction within such time, not being less than thirty days as the Central Government
8
may fix, that the ship is entitled to be registered as an Indian ship.
(2) If within such time as may be fixed by the Central Government under sub-section (1) evidence
to the satisfaction of the registrar that the ship is entitled to be registered as an Indian ship is not given,
the ship shall be liable to forfeiture.
Certificate of registry
34. Grant of certificate of registry.―On completion of the registry of an Indian ship, the registrar
shall grant a certificate of registry containing the particulars respecting her as entered in the register
book with the name of her master.
35. Custody and use of certificate.―(1) The certificate of registry shall be used only for the lawful
navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest
whatever, had or claimed by any owner, mortgagee or other person to, on or in the ship.
(2) No person, whether interested in the ship or not, who has in his possession or under his control
the certificate of registry of a ship, shall refuse or omit without reasonable cause to deliver such
certificate on demand to the person entitled to the custody thereof for the purposes of the lawful
navigation of the ship or to any registrar, customs collector or other person entitled by law to require
such delivery.
(3) Any person refusing or omitting to deliver the certificate as required by sub-section (2), may,
by order, be summoned by 1[any Judicial Magistrate of the first class or any Metropolitan Magistrate,
as the case may be,] to appear before him and to be examined touching such refusal, and if the person
is proved to have absconded so that the order of such magistrate cannot be served on him, or if he
persists in not delivering up the certificate, 2[the said Magistrate] shall certify the fact, and the same
proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto
as circumstances permit.

(4) If the master or owner of an Indian ship uses or attempts to use for her navigation a certificate
of registry not legally granted in respect of the ship, he shall be guilty of an offence under this sub-
section and the ship shall be liable to forfeiture.
36. Power to grant new certificate when original certificate is defaced, lost, etc.―(1) In the
event of the certificate of registry of an Indian ship being defaced or mutilated, the registrar of her port
of registry may, on the delivery to him of that certificate, grant a new certificate in lieu of her original
certificate.
(2) In the event of the certificate of registry of an Indian ship being mislaid, lost or destroyed or of
the person entitled thereto being unable to obtain it from the custody of any other person, the registrar
of her port of registry shall grant a new certificate in lieu of her original certificate.
(3) If the port at which the ship is at the time of the event referred to in sub-section (2) or first
arrives after the event is outside India, then the master of the ship or some other person having
knowledge of the facts of the case shall make a declaration stating such facts and the names and
descriptions of the registered owners of such ship to the best of the declarant's knowledge and belief to
the nearest available Indian consular officer who may thereupon grant a provisional certificate
containing a statement of the circumstances under which it is granted.
(4) The provisional certificate shall, within ten days after the first subsequent arrival of the ship at
her port of discharge in India, be delivered by the master to the registrar of her port of registry and the
registrar shall thereupon grant a new certificate of registry.
(5) If the certificate of registry stated to have been mislaid, lost or destroyed shall at any time
afterwards be found, or if the person entitled to the certificate of registry obtains it at any time
afterwards, the said certificate shall forthwith be delivered to the registrar of her port of registry to be
cancelled.

9
 37. Endorsement on certificate of change of master.―Where the master of an Indian ship is
changed, each of the following persons, that is to say,―
(a) if the change is made in consequence of the removal of the master by a Marine Board or by
a court under this Act, the presiding officer of the Marine Board or of the court, as the case may be;
(b) if the change occurs from any other cause,―
(i) In India, the registrar or any other officer authorised by the Central Government in this
behalf at the port where the change occurs; and
(ii) outside India, the Indian consular officer at the port where the change occurs;
shall endorse and sign on the certificate of registry a memorandum of the change, and any customs
collector at any port in India may refused to permit any person to do any act there as master of an Indian
ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master.
38. Endorsement on certificate of change of ownership.―(1) Whenever a change occurs in the
registered ownership of an Indian ship, the change of ownership shall be endorsed on her certificate of
registry either by the registrar of the ship's port of registry or by the registrar of any port at which the
ship arrives who has been advised of the change by the registrar of the ship‟s port of registry.
(2) The master shall, for the purposes of such endorsement by the registrar of the ships port of
registry, deliver the certificate of registry to the registrar forthwith after the change if the change

10
occurs when the ship is at her port of registry, and if it occurs during her absence from that port and the
endorsement under this section is not made before her return, then, upon her first return to that port.
(3) The registrar of any port, not being the ship‟s port of registry, who is required to make an
endorsement under this section may, for that purpose, require the master of the ship to deliver to him
the ship's certificate of registry so that the ship need not thereby be detained and the master shall deliver
the same accordingly.
39. Delivery of certificate of ship lost or ceasing to be an Indian ship.―(1) In the event of a
registered ship being either actually or constructively lost, taken by the enemy, burnt or broken up or
ceasing for any reason to be an Indian ship, every owner of the ship or any share in the ship shall
immediately on obtaining knowledge of the event, if no notice thereof has already been given to the
registrar, give notice thereof to the registrar at her port of registry and that registrar shall make an entry
thereof in the register book and its registry in that book shall be considered as closed except so far as
relates to any unsatisfied mortgages entered therein.
(2) In any such case, except where the ship‟s certificate of registry is mislaid, lost or destroyed, the
master of the ship shall, immediately if the event occurs in any port in India, or within ten days after his
arrival in port if it occurs elsewhere, deliver the certificate to the registrar of the port or any other officer
specified in this behalf by the Central Government if the port of arrival is in India, or if the arrival is in
any port outside India to the Indian consular officer there, and the registrar if he is not himself the
registrar of her port of registry or the officer so specified or the Indian consular officer, as the case may
be, shall forthwith forward the certificate delivered to him to the registrar of her port of registry.
40. Provisional certificate for ships becoming Indian ships abroad.―(1) If at any port outside
India a ship becomes entitled to be registered as an Indian ship, the Indian consular officer there may
grant to her master on his application a provisional certificate containing such particulars as may be
prescribed in relation to the ship and shall forward a copy of the certificate at the first convenient
opportunity to the Director-General.
(2) Such a provisional certificate shall have the effect of a certificate of registry until the expiration
of six months from its date or until the arrival of the ship at a port where there is a registrar whichever
first happens, and on either of those events happening shall cease to have effect.
41. Temporary pass in lieu of certificate of registry.―Where it appears to the Central
Government that by reason of special circumstances it is desirable that permission should be granted to
any Indian ship to pass without being previously registered from one port to any other port in India, the
Central Government may authorise the registrar of the first-mentioned port to grant a pass in such form
as may be prescribed, and that pass shall for the time and within the limits therein mentioned have the
same effect as a certificate of registry.
Transfers of ships, shares, etc.
42. Transfer of ships or shares.―(1) No person shall transfer or acquire any Indian ship or any
share or interest therein 1[at any time during which the security of India or of any part of the territory
thereof is threatened by war or external aggression and during which a Proclamation of Emergency
issued under clause (1) of article 352 of the Constitution is in operation] without the previous

1. Ins. by Act 68 of 1993, s. 3 (w.e.f. 27-10-1993).

38
approval of the Central Government and any transaction effected in contravention of this provision shall
be void and unenforceable.
(2) The Central Government may, if it considers it necessary or expedient so to do for the purpose
of conserving the tonnage of Indian shipping, refuse to give its approval to any such transfer or
acquisition.
1
[(2A) No transfer or acquisition of any Indian ship shall be valid unless―
(a) all wages and other amounts due to seamen in connection with their employment on that
ship have been paid in accordance with the provisions of this Act;
(b) the owner of the ship has given notice of such transfer or acquisition of the ship to the
Director-General.]
(3) Subject to the other provisions contained in this section, an Indian ship or a share therein shall
be transferred only by an instrument in writing.
(4) The instrument shall contain such description of the ship as is contained in the surveyor's
certificate or some other description sufficient to identify the ship to the satisfaction of the registrar and
shall be in the prescribed form or as near thereto as circumstances permit and shall be executed by the
transferor in the presence of and be attested by at least two witnesses.
43. Registry of transfer.―(1) Every instrument for the transfer of an Indian ship or of a share
therein when duly executed shall be produced to the registrar of her port of registry, and the registrar
shall thereupon enter in the register book the name of the transferee as owner of the ship or share, as
the case may be, and shall endorse on the instrument the fact of that entry having been made with the
day and hour thereof.
(2) Every such instrument shall be entered in the register book in the order of its production to the
registrar.
44. Transmission of property in Indian ship on death, insolvency, etc.―(1) Where the property
in an Indian ship or share therein is transmitted to a person on the death or insolvency of any registered
owner, or by any lawful means other than by a transfer under this Act,―
(a) that person shall authenticate the transmission by making and signing a declaration in the
prescribed form (in this Act referred to as a declaration of transmission) identifying the ship and
also a statement of the manner in which and the person to whom the property has been transmitted;
(b) if the transmission is consequent on insolvency, the declaration of transmission shall be
accompanied by proper proof of such claim;
(c) if the transmission is consequent on death, the declaration of transmission shall be
accompanied by a succession certificate, probate or letters of administration under the Indian
Succession Act, 1925 (39 of 1925), or a duly certified copy thereof.
(2) The registrar, on receipt of the declaration of transmission so accompanied, shall enter in the
register book the name of the person entitled under the transmission as owner of the ship or share the
property in which has been transmitted, and, where there are more persons than one, shall enter the
names of all those persons, but those persons however numerous shall, for the purpose of the provisions
of this Act with respect to the number of persons claiming to be registered as owners, be considered as
one person:

1. Ins. by Act 68 of 1993, s. 3 (w.e.f. 27-10-1993).

39
 Provided that nothing in this sub-section shall require the registrar to make an entry in the register
book under this section, if he is of opinion that by reason of the transmission the ship has ceased to be
an Indian ship.
45. Order for sale where ship has ceased to be an Indian ship.―(1) Where by reason of the
transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases
to be an Indian ship, the registrar of her port of registry shall submit a report to the Central Government
setting out the circumstances in which the ship has ceased to be an Indian ship.
(2) On receipt of such report, the Central Government may make an application to the High Court
for a direction for the sale to any citizen of India 1[or any 2[company or body or co-operative society]
which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21]
of the property so transmitted.
(3) The High Court may require any evidence in support of the application it thinks requisite and
may make such order thereon and on such terms and conditions as it thinks just or may reject the
application 3[in case] it finds that the ship has not ceased to be an Indian ship; and in case the ship or
the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses
thereof, be paid to the person entitled under such transmission or otherwise.
(4) Every application for sale shall be made within such time as may be prescribed:

Provided that an application may be admitted by the High Court after the time prescribed, if the
Central Government satisfies the High Court that it had sufficient cause for not making the application
within such time.
46. Transfer of ship on sale by order of court.―Where any court, whether under section 45 or
otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration
vesting in some person named by the court the right to transfer that ship or share, and that person shall
thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he
were the registered owner thereof; and every registrar shall obey the requisition of the person so named
in respect of any such transfer to the same extent as if such person were the registered owner.
47. Mortgage of ship or share.―(1) A registered ship or a share therein may be made a security
for a loan or other valuable consideration, and the instrument creating the security (in this Act called a
mortgage) shall be in the prescribed form or as near thereto as circumstances permit, and on the
production of such instrument the registrar of the ship's port of registry shall record it in the register
book.
(2) Mortgages shall be recorded by the registrar in the order in time in which they are produced to
him for that purpose, and the registrar shall, by memorandum under his hand, notify on each mortgage
that it has been recorded by him stating the day and hour of that record.
48. Entry of discharge of mortgage.―Where a registered mortgage is discharged, the registrar
shall, on the production of the mortgage deed with a receipt for the mortgage money endorsed thereon,
duly signed and attested, make an entry in the register book to the effect that the mortgage

1. Subs. by Act 43 of 1981, s. 6, for “or any company which satisfies the requirements specified in clause (b) of section
21” (w.e.f.28-9-1981).
2. Subs. by Act 68 of 1993, s. 4, for “company or any co-operative society” (w.e.f. 27-10-1993).
3. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “in any case” (w.e.f.16-12-1960).

40
has been discharged, and on that entry being made the estate, if any, which passed to the mortgagee
shall vest in the person in whom (having regard to intervening acts and circumstances, if any) it would
have vested, if the mortgage had not been made.
49. Priority of mortgages.―If there are more mortgages than one recorded in respect of the same
ship or share, the mortgagees shall, notwithstanding any express, implied or constructive notice, have
priority according to the date on which each mortgage is recorded in the register book and not according
to the date of each mortgage itself.
50. Mortgagee not deemed to be owner.―Except in so far as may be necessary for making a
mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not, by reason
of his mortgage, be deemed to be the owner of the ship or share, nor shall the mortgagor be deemed to
have ceased to be owner thereof.
1
[51. Rights of mortgagee.―(1) Where there is only one registered mortgagee of a ship or share,
he shall be entitled to recover the amount due under the mortgage by selling the mortgaged ship or share
without approaching the High Court:
Provided that nothing contained in this sub-section shall prevent the mortgagee from recovering the
amount so due in the High Court as provided in sub-section (2).
(2) Where there are two or more registered mortgagees of a ship or share they shall be entitled to
recover the amount due under the mortgage in the High Court, and when passing a decree or thereafter
the High Court may direct that the mortgaged ship or share be sold in execution of the decree.
(3) Every registered mortgagee of a ship or share who intends to recover the amount due under the
mortgage by selling the mortgaged ship or share under sub-section (1) shall give an advance notice of
fifteen days relating to such sale to the registrar of the ship's port of registry.
(4) The notice under sub-section (3) shall be accompanied with the proof of payment of the wages
and other amounts referred to in clause (a) of sub-section (2A) of section 42.]
52. Mortgage not affected by insolvency.―A registered mortgage of a ship or share shall not be
affected by any act of insolvency committed by the mortgagor after the date of the record of such
mortgage, notwithstanding that the mortgagor, at the commencement of his insolvency, had the ship or
share in his possession, order or disposition, or was the reputed owner thereof, and the mortgage shall
be preferred to any right, claim or interest therein of the other creditors of the insolvent or any trustee
or assignee on their behalf.
53. Transfer of mortgages.―(1) A registered mortgage of a ship or share may be transferred to
any person and the instrument effecting the transfer shall be in the prescribed form or as near thereto as
circumstances permit, and on the production of such instrument, the registrar shall record it by entering
in the register book the name of the transferee as mortgagee of the ship or share and shall, by
memorandum under his hand, notify on the instrument of transfer that it has been recorded by him
stating the day and hour of the record.
(2) The person to whom any such mortgage has been transferred shall enjoy the same right of
preference as was enjoyed by the transferor.

1. Subs. by Act 68 of 1993, s. 5, for section 51 (w.e.f. 27-10-1993).

41
 54. Transmission of interest in mortgage in certain circumstances.―(1) Where the interest of
a mortgagee in a ship or share is transmitted on death, or insolvency, or by any lawful means other than
by a transfer under this Act, the transmission shall be authenticated by a declaration of the person to
whom the interest is transmitted containing a statement of the manner in which and the person to whom
the property has been transmitted, and shall be accompanied by the like evidence as is by this Act
required in case of a corresponding transmission of the ownership of a ship or share.
(2) The registrar, on receipt of the declaration and the production of the evidence aforesaid, shall
enter the name of the person entitled under the transmission in the register book as mortgagee of the
ship or share.
Name of ship
55. Rules as to name of ship.―(1) An Indian ship shall not be described by any name other than
that by which she is for the time being registered.
(2) The registrar may refuse the registry of any Indian ship by the name by which it is proposed to
register the ship if that name is already borne by another ship or if the name be so similar as is calculated
or likely to deceive.
(3) A change shall not be made in the name of an Indian ship except in the prescribed manner.
(4) If any person acts or suffers any person under his control to act in contravention of this section
or omits to do or suffers any person under his control to omit to do anything required under this
1
[section] the ship may be detained until the provisions of this section are complied with:
Provided that nothing in this sub-section shall apply to a foreign ship which has become, and is
sought to be registered as, an Indian ship.
Registry of alterations, registry anew and transfer of registry
56. Registry of alterations.―When a registered ship is so altered as not to correspond with the
particulars relating to her tonnage or description contained in the register book, then, if the alteration is
made at any port having a registrar, that registrar, or if it is made elsewhere, the registrar of the first port
haying a registrar at which the ship arrives after the alteration, shall, on application being made to him
stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship
be registered anew.
57. Regulations for registry of alterations.―(1) For the purpose of registry of an alteration in a
ship the ship's certificate of registry shall be produced to the registrar, and the registrar shall, in his
discretion, either retain the certificate of registry and grant a new certificate of registry containing a
description of the ship as altered or endorse and sign on the existing certificate a memorandum of the
alteration.
(2) The particulars of the alteration so made, and the fact of the new certificate having been granted,
or endorsement having been made, shall be entered by the registrar of the ship's port of registry in his
register book; and for that purpose the registrar to whom the application for the registry of the alteration
has been made (if he is not the registrar of the ship's port of registry) shall forthwith report to the last
mentioned registrar the particulars and facts as aforesaid, accompanied, where a new certificate of
registry has been granted, by the old certificate of registry.

1. Subs. by Act 58 of 1960, s. 3 and the Second Schedule, for “sub-section” (w.e.f. 26-12-1960).

42
 58. Provisional certificate and endorsement where ship is to be registered anew.―(1) Where
any registrar, not being the registrar of the ship‟s port of registry, on an application as to an alteration
in a ship directs the ship to be registered anew, he shall either grant a provisional certificate describing
the ship as altered, or provisionally endorse the particulars of the alteration on the existing certificate.
(2) Every such provisional certificate, or certificate provisionally endorsed, shall, within ten days
after the first subsequent arrival of the ship at her port of discharge in India, be delivered to the registrar
thereof and that registrar shall cause the ship to be registered anew.
(3) The registrar granting a provisional certificate, or provisionally endorsing a certificate under
this section shall add to the certificate or endorsement a statement that the same is made provisionally,
and shall send a report of the particulars of the case to the registrar of the ship's port of registry,
containing a similar statement as the certificate or endorsement.
59. Registry anew on change of ownership.―Subject to the other provisions contained in this
Act, where the ownership of any Indian ship is changed, the registrar of the port at which the ship is
registered may, on the application of the owner of the ship, register the ship anew although registry
anew is not required under this Act.
60. Procedure for registry anew.―(1) Where a ship is to be registered anew, the registrar shall
proceed as in the case of first registry, and on the delivery to him of the existing certificate of registry
and on the other requisites to registry, or in the case of a change of ownership such of them as he thinks
material, being duly complied with, shall make such registry anew, and grant a certificate thereof.
(2) When a ship is registered anew, her former registry shall be considered as closed except so far
as relates to any unsatisfied mortgage entered thereon, but the names of all persons appearing on the
former register to be interested in the ship as owners or mortgagees shall be entered in the new register
and the registry anew shall not in any way affect the rights of any of those persons.
61. Transfer of registry.―(1) The registry of any ship may, with the previous approval of the
Director-General, be transferred from one port of registry to another on the application to the registrar
of the existing port of registry of the ship made by declaration in writing of all persons appearing in the
register to be interested therein as owners or mortgagees, but that transfer shall not in any way affect
the rights of those persons or any of them and those rights shall in all respects continue in the same
manner as if no such transfer had been effected.
(2) On receipt of any such application the registrar shall transmit notice thereof to the registrar of
the intended port of registry with a copy of all particulars relating to the ship and the names of all
persons appearing in that register to be interested therein as owners or mortgagees.
(3) The ship's certificate of registry shall be delivered to the registrar either of the existing or
intended port of registry, and, if delivered to the former, shall be transmitted to the registrar of the
intended port of registry.
(4) On receipt of the documents aforesaid the registrar of the intended port of registry shall enter in
his register book all the particulars and names so transmitted as aforesaid, and grant a fresh certificate
of registry, and thenceforth such ship shall be considered to be registered at the new port of registry,
and the name of the ship‟s new port of registry shall be substituted for the name of her former
port of registry on the ship.
62. Restrictions on re-registry of abandoned ships.―Where a ship has ceased to be registered as
an Indian ship by reason of having been wrecked or abandoned, or for any reason other than

43
capture by the enemy, the ship shall not be re-registered until she has at the expense of the applicant
for the registry been surveyed by a surveyor and certified by him to be seaworthy.
National character and flag
63. National colours for Indian ships.―(1) The Central Government may, by notification in the
Official Gazette, declare what shall be the proper national colours for all ships registered under this Act
and for all ships which are not so registered but which are owned by the Government or by any local
authority or by any body corporate established by or under any law for the time being in force in India
or by a citizen of India; and different colours may be declared for different classes of ships.
(2) Any commissioned officer of the Indian Navy, or any customs collector, or any Indian consular
officer, may board any ship on which any colours are hoisted contrary to this Act and seize and take
away the colours which shall be forfeited to the Government.
64. Unlawful assumption of Indian character.―No person on board a ship which is not an Indian
ship shall, for the purpose of making it appear to be an Indian ship, use the Indian national colours,
unless the assumption of Indian character has been made (the burden of proving which shall lie on him)
for the purpose of escaping capture by the enemy or by a foreign ship of war in the exercise of some
belligerent right.
65. Concealment of Indian, or assumption of foreign, character.―No owner or master of an
Indian ship shall knowingly do anything, or permit anything to be done, or carry or permit to be carried
any papers or documents, with intent to conceal the Indian character of the ship from any person entitled
by any law for the time being in force to inquire into the same, or with intent to assume a foreign
character for the ship, or with intent to deceive any person so entitled as aforesaid.
66. Indian ships to hoist proper national colours in certain cases.―An Indian ship shall hoist
the proper national colours―
(a) on a signal being made to her by any vessel of the Indian Navy;
(b) on entering or leaving any foreign port;
(c) if of fifty tons gross tonnage or more, on entering or leaving any Indian port.
67. National character of ship to be declared before clearance.―(1) A customs collector shall
not grant a clearance for any ship until the master of such ship has declared to that officer the name of
the country to which he claims that she belongs, and that officer shall thereupon inscribe that name on
the clearance.
(2) If a ship attempts to proceed to sea without such clearance, she may be detained by any customs
collector until the declaratioin is made.
Miscellaneous
68. Liabilities of ships not recognised as Indian ships.―Where it is declared by this Act that an
Indian ship shall not be recognised as such, that ship shall not be entitled to any privileges, benefits,
advantages or protection usually enjoyed by Indian ships or to use the Indian national colours for Indian
ships or to assume the Indian national character, but so far as regards the payment of dues the liability
to fine and forfeiture and the punishment of offences committed on board such ship, or by any persons
belonging to her, such ship shall be dealt with in the same manner in all respects as if she were a
recognised Indian ship.
69. Proceedings on forfeiture of ship.―Where any ship has either wholly or as to any share
therein become subject to forfeiture under this Part, any commissioned officer of the Indian Navy, any

44
customs collector or any Indian consular officer or any other officer authorised by the Central
Government, may seize and detain the ship, and bring her for adjudication before the High Court, and
the High Court may thereupon adjudge the ship with her equipment to be forfeited to the Government,
and make such order in the case as to the High Court seems just and may award to the officer bringing
in the ship for adjudication such portion of the proceeds of the sale of the ship or any share therein as
the High Court thinks fit.
70. Notice of trust not received.―No notice of any trust, express, implied or constructive, shall
be entered in the register book or be receivable by the registrar, and subject to any rights and powers
appearing by the register book to be vested in any other person, the registered owner of a ship or of a
share therein shall have power to dispose of the ship or share in the manner provided in this Act and to
give effectual receipts for any money paid or advanced by way of consideration.
71. Liability of owners.―Where any person is beneficially interested otherwise than by way of
mortgage in any ship or share in a ship registered in the name of some other person as owner, the person
so interested shall, as well as the registered owner, be subject to all the pecuniary penalties imposed by
this or any other Act on the owners of ships or shares therein, so nevertheless that proceedings for the
enforcement of any such penalties may be taken against both or either of the said parties with or without
joining the other of them.
72. Evidence of register book, certificate of registry and other documents.―(1) On application
to the registrar and on payment of the prescribed fee, a person may, at any time during office hours,
inspect any register book, and may obtain a certified copy of any entry in the register book.
(2) The following documents shall be admissible in evidence in any Court in manner provided by
this Act, namely:―
(a) any register book on its production from the custody of the registrar or other person having
the lawful custody thereof;
(b) a certificate of registry under this Act purporting to be signed by the registrar or any other
officer authorised in this behalf by the Central Government;
(c) an endorsement on a certificate of registry purporting to be signed by the registrar or any
other officer authorised in this behalf by the Central Government;
(d) every declaration made in pursuance of this Part in respect of an Indian ship.
(3) A certified copy of an entry in a register book shall be admissible in evidence in any Court and
have the same effect to all intents as the original entry in the register book of which it is a copy.
73. Power to register Government ships under this Part.―The Central Government may, by
notification in the Official Gazette, direct that, subject to such rules as may be made in this behalf, ships
belonging to the Government other than ships of the Indian Navy may be registered as Indian ships
under this Act and thereupon this Act, subject to any exceptions and modifications which may be made
in the notification either generally or with respect to any class of ships belonging to Government, shall
apply to ships belonging to Government registered in accordance with those rules as they apply to Indian
ships registered in manner provided by this Act.
74. Power to make rules in respect of matters in this Part.―(1) The Central Government may
make rules to carry out the purposes of this Part.

45
 Seamen and Apprentices. Section 88 to 218
PART VII: SEAMEN AND APPRENTICES
[Classification of seamen, seafarer, maritime labour standards and prescription of minimum
manning scale]

88. Power to classify seamen.―The Central Government may make rules for the classification of
seamen other than ship's officers into different categories and for the prescription of the minimum
manning scale of seamen of such categories for ships; and different scales may be prescribed for
different classes of ships.
[88A. Definitions.―In this Part, unless the context otherwise requires,―
2

(a) “Declaration of Maritime Labour Compliance” means a declaration issued by the Director-
General of Shipping or by any officer, authority or organization authorized by him in this behalf,
in respect of a ship that it meets with the requirements and standards set out in the provisions of the
Maritime Labour Convention;

(b) “Maritime Labour Certificate” means the certificate issued by the Director-General of
Shipping or by any officer, authority or organisation authorised by him in this behalf, in accordance
with the provisions of the Maritime Labour Convention;

(c) “Maritime Labour Convention” means the International Convention of Maritime Labour
Organisation on Maritime Labour Standards signed in Geneva on the 23rd February, 2006;

(d) “seafarer” means any person who is employed or engaged or works in any capacity on board
a sea going ship, but does not include―

(i) the employment or engagement or work on board in any capacity of any person in a
ship of war; or

(ii) any Government ship used for military or non-commercial purposes.

88B. Application of maritime labour standards to seafarers and ships.―(1) The provisions
relating to maritime labour standards as contained in the Maritime Labour Convention, shall apply to
all seafarers and ships engaged in commercial activities, but does not include―
(a) ships which navigate exclusively in inland waters or waters within, or closely adjacent to,
sheltered waters or areas where any law for the time being in force relating to ports apply;
(b) ships engaged in fishing activities;
(c) traditionally built ships such as dhows and junks;
(d) ships of war or naval auxiliaries.
(2) Subject to the provisions of sub-section (1), the Central Government may, on the
recommendation of the Director-General of Shipping, by order, extend the provisions of the said sub-
section to ships not engaged in commercial activities with such exceptions and modifications as it may
consider necessary.]
Shipping Masters
89. Duties of shipping masters.―It shall be the duty of shipping masters―
(a) to superintend and facilitate the engagement and discharge of seamen in the manner

46
 provided in this Act;
(b) to provide means for securing the presence on board at the proper times of the seamen
who are so engaged;
(c) to facilitate the making of apprenticeship to the sea service;
(d) to hear and decide disputes under section 132 between a master, owner or agent of a ship
and any of the crew of the ship:
1
[(dd) to transmit the complaint of any dispute of a foreign seaman of a vessel, registered in a
country other than India, in Indian territorial waters, with the master, owner or agent, to the
competent authority of the country of registration and a copy of such complaint shall be forwarded
to the Director-General, International Labour Organisation Office;]
(e) to perform such other duties relating to seamen, apprentices and merchant ships as are for
the time being committed to them by or under this Act.

90. Fees to be paid.―(1) The Central Government may, by notification in the Official Gazette, fix
the fees which shall be payable upon all engagements and discharges effected before a shipping master.
(2) Scales of the fees payable for the time being shall be conspicuously placed in the shipping
office, and a shipping master may refuse to proceed with any engagement or discharge unless the fees
payable thereon are first paid.
(3) Every owner or master of a ship engaging or discharging any seamen in a shipping office or
before a shipping masters shall pay to the shipping master the whole of the fees hereby made payable
in respect of such engagement or discharge, and may, for the purpose of reimbursing himself in part,
deduct in respect of each such engagement or discharge from the wages of all persons (except
apprentices) so engaged or discharged, and retain any sums not exceeding such sums as the Central
Government may, by notification in the Official Gazette, fix in this behalf:
Provided that, if in any case the sums which may be so deducted exceed the amount of the fee
payable by him, such excess shall be paid by him to the shipping master in addition to such fee.
(4) For the purpose of determining the fees to be paid upon the engagement and discharge of
seamen belonging to foreign-going ships which have running agreements as hereinafter provided, the
crew shall be considered to be engaged when the agreement is first signed, and to be discharged when
the agreement finally terminates; and all intermediate engagements and discharges shall be considered
to be engagements and discharges of single seamen.
Apprenticeship to the sea service
91. Assistance for apprenticeship to sea service.―All shipping masters shall give to persons
desirous of apprenticing 1[young persons not under the age of sixteen years] to sea service or requiring
apprentices not under that age for the sea service such assistance as may be in their power, and may
receive from those persons such fees as the Central Government may fix.
92. Special provisions as to apprenticeship to the sea service.―2[(1) The apprenticeship of any
person to the sea service shall be by contract in writing between the apprentice or if he is a young person,
then, on his behalf by his guardian, and the master or owner of the ship requiring the apprentice.]
(2) Every such contract shall be executed in duplicate in the prescribed form and in accordance
with the rules made by the Central Government in this behalf.
(3) Every such contract shall be executed in the presence of, and shall be attested by, the shipping
master of the port, who shall, before the execution of the contract, satisfy himself—

47
 (a) that the intended apprentice—
(i) understands the contents and provisions of the contract;
(ii) freely consents to be bound;
(iii) has attained the age of 3[sixteen years]; and
(iv) is in possession of a certificate to the effect that he is physically fit for sea service;
(b) if the intended apprentice is 4[an young person], that his guardian's consent has been
obtained to his being bound as an apprentice.

Every such contract made in India and every assignment, alteration or cancellation thereof, and where the
apprentice bound dies or deserts, the fact of the death or desertion shall be recorded in the manner specified
in section 93.
93. Manner in which contract is to be recorded.―For the purpose of the record—
(a) the master or owner of the ship to whom an apprentice to the sea service is bound shall
transmit the contract executed in duplicate within seven days of the execution thereof, to the
shipping master, who shall record one copy and endorse on the other the fact that it has been
recorded and redeliver it to the master or owner;
(b) the master or owner shall notify any assignment or cancellation of the contract and the death
or desertion of the apprentice to the shipping master, within seven days of the occurrence, if it
occurs within India, or, as soon as circumstances permit, if it occurs elsewhere.
94. Production of contracts to authorised person before voyage in ship.―(1) The master of a
ship shall, before carrying an apprentice to sea from a port in India, cause the apprentice to appear
before the shipping master before whom the crew are engaged, and shall produce to him the contract by
which the apprentice is bound, and every assignment thereof.
(2) The name of the apprentice, with the date of the contract and of the assignments thereof, if any,
and the names of the ports at which the same have been registered, shall be entered on the agreement
with the crew.
Seamen’s employment offices
95. Business of seamen's employment offices.―(1) It shall be the business of the seamen's
employment offices―
[(a) to issue licence, to regulate and control the recruitment and placement service, and to―
1

(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.]
(c) to perform such other duties relating to seamen and merchant ships as are, from time to
time, committed to them by or under this Act.
2
* * * * *
(3) The Central Government may make rules for the purpose of enabling seamen‟s employment
offices effectively to exercise their powers under this Act; and in particular and, without prejudice to
the generality of such power, such rules may, provide for―
(a) consultation with respect to any specified matter by seamen's employment offices with such
advisory boards or other authorities as the Central Government may think fit to constitute or specify
in this behalf;

48
 3
[(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
seamen's employment office;
(c) the issue of directions by the Central Government to any seamen‟s employment office or
any recruitment and placement service with reference to the exercise of any of its powers;

(ca) the conditions under which the recruitment and placement service to recruit and place
seafarers abroad;
(cb) the circumstances and conditions under which licence to be suspended or withdrawn; (cc)
the 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;]
(d) the supersession of any seamen's employment office which fails to comply with any such
direction.
1
[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;
2
* * * * *
96. Supply or engagement of seamen in contravention of Act prohibited.―(1) A person shall
not engage or supply a seaman to be entered on board any ship in India unless that person is the owner,
master or mate of the ship, or is the agent of the owner or is bona fide the servant and in the constant
employ of the owner, or is a director of a seaman‟s employment office, or a shipping master.
(2) A person shall not employ for the purpose of engaging or supplying a seaman to be entered on
board any ship in India, any persons unless that person is the owner, master or mate of the ship, or is
the agent of the owner or is bona fide the servant and in the constant employ of the owner, or is a director
of a seamen‟s employment office, or a shipping master.
(3) A person shall not receive or accept to be entered on board any ship any seaman, if that person
knows that the seaman has been engaged or supplied in contravention of this section or section 95.
3
[97. Receipt of remuneration, donation, fees, etc., from seamen for shipping them
prohibited.―(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 seaman or person
seeking employment as seaman or any person on his behalf, any remuneration or donation or fees or
compulsory subscription of any kind attributable from such seaman or person‟s employment as seaman,
other than the fees authorised by this Act.
(2) It shall be the duty of the company employing or proposing to employ person as seaman 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 person as
seaman.]
[97A. Prohibition against discrimination.―There shall be no discrimination between
4

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,
for their recruitment and engagement on board any ship.]

49
50
 Engagement of seamen
98. Qualifications for, and medical examination of, seamen.―(1) The Central Government
may, by notification in the Official Gazette, direct that, with effect from such date as may be specified
in the notification, seamen generally or any category of seamen in particular shall not be engaged or
carried to sea to work in any capacity in any ship or in any class of ships so specified, unless each one
of them possesses the prescribed qualifications.
(2) Except as otherwise provided under the rules made under sub-section (3), no person shall
engage or carry to sea any seaman to work in any capacity in any ship or in any class of ships specified
in this behalf by the Central Government, unless the seaman is in possession of a certificate in the
prescribed form granted by the prescribed authority to the effect that he is physically fit to be employed
in that capacity.
(3) The Central Government may make rules for the purpose of giving effect to the provisions of
this section; and, in particular, and, without prejudice to the generality of such power, any rules so made
may provide for―
(a) the courses of training to be pursued, the vocational standards to be attained or the tests to
be passed by seamen generally or by any class of seamen in particular;
(b) the standard of physical fitness required of seaman, different standards being laid down, if
necessary, for different classes of seamen having regard to the age of the seamen to be examined or
the nature of the duties to be performed by them;
(c) the nature of the medical examination of seamen, the authorities by which the examination
shall be conducted, and the fees payable therefore;
(d) the form and contents of medical certificates and the period of their validity;
(e) the re-examination by such medical authority as may be specified of persons who have been
refused medical certificates of physical fitness in the first instance and the fees payable for such re-
examination;
(f) the circumstances in which, or the conditions subject to which, any seaman or class of
seamen, or any ship or class of ships, may be exempted from the operation of sub-section (2).
99. Prohibition of engagement of seamen in Indian port without discharge certificate.―No
person shall engage or carry to sea any seaman under this Act in any ship, except a home-trade ship of
less than two hundred tons gross, from any port in India unless the seaman is in possession of a
certificate of discharge or a continuous certificate of discharge issued under this Part.
[99A. Prohibition of engagement of seafarer without seafarer’s identity document.―(1) No
1

person shall engage or carry to sea any seafarer in any ship, unless the seafarer is in possession of
seafarer's identity document.
(2) The seafarer‟s identity document under sub-section (1) shall be issued in such form and
manner and on payment of such fees as may be prescribed.
2* * * * *

100. Agreements with crew.―The master of every Indian ship, except a home-trade ship of less
than two hundred tons gross, shall enter into an agreement (in this Act called the agreement with the
crew) in accordance with this Act with every seaman whom he engages in, and carries to sea as one of
his crew from any port in India.

101. Form and contents of the agreement.―(1) An agreement with the crew shall be in the prescribed
form, and shall be dated at the time of the first signature thereof, and shall be 1[signed by the owner or agent
and the master] before any seaman signs the same.
(2) The agreement with the crew shall contain as terms thereof the following particulars, namely:―
58
 (a) the name of the ship or ships on board which the seaman undertakes to serve;

(b) either the nature and, as far as practicable, the duration of the intended voyage or
engagement or the maximum period of the voyage or engagement, and the places or parts of the
world, if any, to which the voyage or engagement is not to extend;

(c) the number and description of the crew of different categories in each department;
2
[(cc) hours of work and rest in a week, as may be prescribed;]

(d) the time at which each seaman is to be on board or to begin work;

(e) the capacity in which each seaman is to serve;

(f) the amount of wages which each seaman is to receive;

4
[(ff) the entitlement for leave, as may be prescribed; and]

(g) a scale of the provisions which are to be furnished to each seaman, such scale being not less
than the scale fixed by the Central Government and published in the Official Gazette;

(h) a scale of warm clothing and a scale of additional provisions to be issued to each seaman
during periods of employment in specified cold regions;

(i) any regulations as to conduct on board and as to fines or other lawful punishment for
misconduct, which have been sanctioned by the Central Government as regulations proper to be
adopted, and which the parties agree to adopt;

(j) payment of compensation for personal injury or death caused by accident 3[arising out of
employment or] in the course of employment;

(k) where it is agreed that the services of any seaman shall end at any port not in India, a
stipulation to provide him either fit employment on board some other ship bound to the port at
which he was shipped or to such other port in India as may be agreed upon, or a passage to some
port in India free of charge or on such other terms as may be agreed upon;
2
[(kk) the terms of agreement with the crew shall be determined after consultation with such
organisations in India as the Central Government may, by order, notify to be the most representative
of the employers of seamen and of seamen.]

(l) stipulations relating to such other matters as may be prescribed.

(3) The agreement shall provide that in the event of a dispute arising outside India between the
master, owner or agent of a ship and a seaman in respect of any matter touching the agreement, such
dispute shall be referred to the Indian consular officer whose decision thereon shall be binding on the
parties until the return of the ship to the port in India at which the seaman is to be discharged:

58
 Provided that in the case of a ship other than an Indian ship, no such dispute shall be referred to the
Indian consular officer if such reference is contrary to the rules of international law.
(4) The agreement with the crew shall be so framed as to admit of stipulations, to be adopted at the
will of the master and seaman in each case (not being inconsistent with the provisions of this Act)
respecting the advance and allotment of wages and may contain any other stipulations which are not
contrary to law.
1
[102. Engagement of seaman where agreement is made out of India.―Notwithstanding
anything contained in any other provision of this Act, the master of a ship registered at a port outside
India who has an agreement with the crew made in due form according to the law of that port or of the
port in which her crew were engaged may engage in any port in India―
(a) a seaman who is not a citizen of India and who holds a continuous discharge certificate or
any other similar document of identity issued by the competent authority of the country in which
the ship is registered or, as the case may be, of the country in which the said agreement was made;
or
(b) a seaman who is a citizen of India and who holds a certificate of discharge or a continuous
certificate of discharge issued under this Act,
and any seaman so engaged under clause (a) or clause (b) may sign the agreement aforesaid and it shall
not be necessary for him to sign an agreement under this Act.]
103. Special provisions with regard to agreements with crew of Indian ships.―(1) The
following provisions shall have effect with respect to every agreement made in India with the crew of
an Indian ship, namely:―
(a) the agreement shall, subject to the provision of this Act as to substitute, be signed by each
seaman in the presence of a shipping master;
(b) the shipping master shall cause the agreement to be read over and explained to each seaman,
in a language understood by him or shall otherwise ascertain that each seaman understands the same
before he signs it, and shall attest each signature;
(c) when the crew is first engaged, the agreement shall be signed in duplicate, and one part shall
be retained by the shipping master, and the other part shall be delivered to the master, and shall
contain a special place or form for the descriptions and signatures of substitutes or persons engaged
subsequently to the first departure of the ship;
(d) when a substitute is engaged in the place of a seaman who has duly signed the agreement
and whose services are within twenty-four hours of the ship's putting to sea lost by death, desertion
or other unforeseen cause, the engagement shall, if practicable, be made before a shipping master,
and if not practicable, the master shall, before the ship puts to sea, if practicable, and, if not, as soon
afterwards as possible, cause the agreement to be read over and explained to the substitute; and the
substitute shall thereupon sign the same in the presence of a witness, who shall attest the signature.
(2) In the case of an agreement made in India with the crew of a foreign-going Indian ship the
following provisions shall have effect in addition to the provisions specified in sub-section (1),
namely:—
(a) the agreement may be made for a voyage of the ship or, if the voyages of the ship average
less than six months in duration, may be made to extend over two or more voyages, and agreements
so made are in this Act referred to as running agreements;
(b) a running agreement may be made to extend over two or more voyages so that it shall
terminate either within six months from the date on which it was executed, or on the first arrival

of the ship at her port of destination in India after the expiration of that period, or on the discharge of cargo
consequent upon such arrival, whichever of these dates shall be the latest:
Provided that no such running agreement shall continue in force, if, after the expiration of such
53
 period of six months as aforesaid, the ship proceeds on a voyage from a port outside India to any
other such port which is not on the direct route or a customary route to her port of destination in
India;
(c) on every return to a port in India before the final termination of a running agreement, the
master shall discharge or engage before the shipping master at such port any seaman whom he is
required by law so to discharge or engage, and shall upon every such return endorse on the
agreement a statement (as the case may be) either that no such discharges or engagements have
been made or are intended to be made before the ship leaves port, or that all those made have been
made as required by law;
(d) the master shall deliver the running agreement so endorsed to the shipping master, and the
shipping master shall, if the provisions of this Act relating to agreements have been complied with,
sign the endorsement and return the agreement to the master.
(3) In the case of an agreement made in India with the crew of a home-trade Indian ship of two
hundred tons gross or more, the following provisions shall have effect in addition to the provisions
specified in sub-section (1), namely:—
(a) the agreement shall not be for a period longer than six months, but if the period for which
the agreement was entered into expires while the ship is not in an Indian port, the agreement shall
continue in force until the ship is again in an Indian port:
Provided that, except with the consent in writing of the seaman concerned, the agreement shall
not continue in force for more than three months after the expiration of the period for which it was
entered into;
(b) an agreement for service in two or more ships belonging to the same owner may be made
by the owner instead of by the master, and the provisions of this Act with respect to the making of
the agreement shall apply accordingly.
104. Renewal of running agreements in certain cases.―(1) When a running agreement has been
made with a crew of a foreign-going Indian ship and the ship arrives after the expiration of a period of
six months from the date on which it was executed at a port of destination in India which is not the port
at which the crew have agreed to be discharged, the master may, with the previous sanction of the
shipping master renew the agreement with the crew, or may be required by the shipping master so to
renew the agreement for the voyage from such port of destination to the port in India at which the crew
have agreed to be discharged.
(2) If the master of the ship is required by the shipping master to renew the agreement as aforesaid
and refuses so to renew it, any expenses which may be incurred by the Government for the subsistence
of the crew and their conveyance to the port at which they have agreed to be discharged shall be a charge
upon the ship, and shall be recoverable as if they were expenses incurred in respect of distressed seamen
under the provisions of this Act.
105. Changes in crew to be reported.―1[(1)] The master of every foreign-going Indian ship and
of every home-trade Indian ship of two hundred tons gross or more, the crew of which has been engaged
before a shipping master, shall, before finally leaving the port where the engagement took place, sign
and send to the nearest shipping master a full and accurate statement in the prescribed form, of every
change which has taken place in his crew, and that statement shall be admissible in evidence.

1
[(2) A copy of the statement referred to in sub-section (1) shall also be sent to the seaman's
employment office concerned.]
106. Certificate as to agreement with crew.―(1) In the case of a foreign-going Indian ship or a
home-trade Indian ship of two hundred tons gross or more, on the due execution of an agreement with
the crew in accordance with this act, and also when, in the case of a foreign-going Indian ship, the
agreement is a running agreement, on compliance by the master before the second and every subsequent
54
 voyage made after the first commencement of the agreement with the provisions of this Act respecting
that agreement, the shipping master shall grant the master of the ship a certificate to that effect.
(2) The master of every such ship shall, before proceeding to sea, produce that certificate to the
customs collector whose duty it is to grant a port clearance.
(3) No customs collector shall clear any such ship outwards without the production of such
certificate, and, if any such ship attempts to go to sea without a clearance, the customs collector may
detain her until such certificate as aforesaid is produced.
(4) The master of every such ship shall, within forty-eight hours after the ship's arrival at the port
in India at which the crew is to be discharged, deliver such agreement to a shipping master at the port;
and such shipping master shall thereupon give to the master a certificate of such delivery; and no
customs collector shall clear any such inwards without the production of such certificate.
107. Copy of agreement to be made accessible to the crew.―The master shall, at the
commencement of every voyage or engagement, cause a legible copy of the agreement and, if necessary,
a certified translation thereof in a language understood by the majority of the crew (omitting the
signatures), to be placed or posted up in such part of the ship as to be accessible to the crew.
108. Alteration in agreement with the crew.―Every erasure, interlineation or alteration in any
agreement with the crew (except additions made for the purpose of shipping substitutes or persons
engaged subsequently to the first departure of the ship) shall be wholly inoperative, 2[unless proved to
have been made with the consent of all the persons, interested in the erasure, interlineation or alteration
by the written attestation,―
(a) if in India, of some shipping master or customs collector; or
(b) if outside India, by an Indian consular officer or at any port outside India at which no Indian
consular officer is available any such person as is authorised in this behalf by the Central
Government by notification in the Official Gazette].
Employment of young persons
3
[109. Prohibition of engagement of underage persons in certain cases.―(1) No person under
the age of sixteen years shall be engaged or carried to sea to work in any capacity in any ship.
(2) (a) No young person shall be engaged in night work.
(b) The period of night work shall be such, as may be prescribed:
Provided that the Director-General of Shipping,―
(i) for giving effective training; or
(ii) for performing a specific nature of duty,

at night, may, by order permit engagement of any young person in night work which shall not be
detrimental to the health or well being of such young person.]
110. [Engagement of young persons as trimmers or stokers.] Omitted by the Merchant Shipping
(Second Amendment) Act, 2014 (32 of 2014), s. 10 (w.e.f. 1-4-2015).
111. Medical examination of young persons.―(1) Save as otherwise provided in sub-section
(2), no young person shall be engaged or carried to sea to work in any capacity in any ship, unless there
has been delivered to the master a certificate granted by a prescribed authority that the young person is
physically fit to be employed in that capacity.
(2) Sub-section (1) shall not apply,—
(a) to the employment of a young person in a ship in which all persons employed are members
55
 of one family; or
(b) where the shipping master, on the ground of urgency, has authorised a young person to be
engaged and carried to sea, without the certificate required by sub-section (1) being delivered to the
master, and the young person is not employed beyond the first port at which the ship in which he is
so engaged calls except in accordance with the provisions of sub-section (1).
(3) A certificate of physical fitness required under this section shall remain in force for one year
only from the date on which it is granted.

112. Maintenance of list or register of young persons in a ship.―There shall be included in

every agreement with the crew of every Indian ship and every other ship which engages young persons
in India, a list of young persons who are members of the crew, together with particulars of the dates of
their birth, and, in the case of any such ship where there is no agreement, the master shall keep a register
of young persons with particulars of the dates of their birth and of the dates on which they became or
ceased to be members of the crew.

[113. Power to make rules respecting employment of young persons.―The Central

1

Government may make rules for the purposes of employment of young persons, prescribing―

(a) the authorities, whose certificates of physical fitness shall be accepted for the purposes of
section 111;

(b) the form of register of young persons to be maintained in ships where there is no agreement
with the crew.]

Engagement of seamen by masters of ships other than Indian ships

114. Engagements between seamen and masters of ships other than Indian ships.―(1) When
the master of a ship other than an Indian ship engages a seaman at any port in India to proceed to any
port outside India, he shall enter into an agreement with such seaman, and the agreement shall be made
before a shipping master in the manner provided by this Act for the making of agreements in the case
of foreign going Indian ships.

(2) All the provisions, of this Act respecting the form of such agreements and the stipulations to be
contained in them and the making and signing of the same shall be applicable to the engagement of
such seaman.

(3) The master of a ship other than an Indian ship shall give to the shipping master a bond with the
security of some approved person resident in India for such amount as may be fixed by the Central
Government in respect of each seaman engaged by him at any port in India and conditioned for the due
performance of such agreement and stipulations, and for the repayment to the Central

Government of all expenses which may be incurred by it in respect of any such seaman who is
discharged or left behind at any port out of India and becomes distressed and is relieved under the
provisions of this Act:
Provided that the shipping master may waive the execution of a bond under this section where the
owner of the ship has an agent at any port in India and such agent accepts liability in respect of all
matters for which the master of the ship would be liable if he were to execute a bond under this section
or may accept from the agent such security as may be approved by the Central Government.
(4) The fees fixed under section 90 shall be payable in respect of every such engagement, and
deductions from the wages of seamen so engaged may be made to the extent and in the manner allowed
under the said section 90.
115. Power to prohibit engagement of persons as seamen.―The Central Government or any
officer authorised by it in this behalf, if satisfied that in the national interest or in the interests of seamen
56
generally it is necessary so to do, may, by order in writing, prohibit the owner, master or agent of any
ship other than an Indian ship specified in the order from engaging in India or in any specified part of
India, any person to serve as a seaman on such ship.
116. Engagement of seamen outside India for Indian ships.―With respect to the engagement of
seamen outside India, the following provisions shall have effect:—
When the master of an Indian ship engages a seaman at any port outside India, the provisions of
this Act respecting agreements with the crew made in India shall apply subject to the following
modifications:—
(a) at any such port having an Indian consular officer, the master shall, before carrying the
seaman to sea, procure the sanction of the consular officer, and shall, if not contrary to any law in
force in that port, engage the seaman before that officer;
(b) the master shall request the Indian consular officer to endorse upon the agreement an
attestation to the effect that it has been signed in his presence and otherwise, made as required by
this Act, and that it has his sanction, and if the attestation is not made, the burden of proving that
the engagement was made as required by this Act shall lie up on the master.
117. Power to board ships and master seamen.―For the purpose of preventing seamen from
being taken on board any ship at any port in India contrary to the provisions of this Act, any
shipping master or deputy or assistant shipping master or any director, deputy director or
assistant director of the seamen's employment office, may enter at any time on hoard any such
ship upon which he has reason to believe that seamen have been shipped, and may muster and
examine the several seamen employed therein.
Discharge of seamen
118. Discharge before shipping master.―(1) When a seaman serving in a foreign-going ship is,
on the termination of his engagement, discharged in India, he shall, whether, the agreement with the
crew be an agreement for the voyage or running agreement, be discharged in the manner provided by
this Act in the presence of a shipping master.
(2) The provisions of sub-section (1) shall apply inflation to the discharge, of seamen serving in a
home-trade Indian ship of two hundred tons gross or more as they apply in relation to the discharge of
seamen serving in a foreign-going ship:
Provided that this sub-section shall not apply where a seaman is discharged from a Ship under an
agreement made in accordance with section 103 for service in two or more ships, for the purpose of
being engaged in another ship to which the agreement relates.

57
 (3) If the master, owner or agent of a home-trade ship, other than a ship to which the last preceding
sub-section applies, so desires, the seamen of that ship may be discharged in the same manner as seamen
discharged from a foreign-going ship.
119. Certificate of discharge.―(1) The master shall sign and give to a sea man discharged from
his ship in India, either on his discharge or on payment of his wages, a certificate of his discharge in the
prescribed form specifying the period of his service and the time and place of his discharge.
(2) The master shall also, upon the discharge of every certificated officer whose certificate of
competency has been delivered to and retained by him, return the certificate to the officer.
120. Certificate as to work of seamen.―(1) When a seaman is discharged from a ship in India,
the master shall furnish to the shipping master before whom the discharge is made a report in the
prescribed form stating —
(a) the quality of the work of the seaman; or
(b) whether the seaman has fulfilled his obligations under the agreement with the crew; or
(c) that he declines to express an opinion on those particulars;
and the shipping master shall, if the seaman so desires, give to him or endorse on his certificate of
discharge a copy of such report.
(2) A seaman who is entitled to a certificate of discharge under section 119 may, if he so desires,
be granted by the master, in lieu of the certificate referred to in sub-section (1) of the said section or the
report referred to in sub-section (1) of this section, a continuous discharge certificate specifying the
period of his service together with an endorsement stating —
(a) the quality of the work of the seaman; or
(b) whether the 'seaman has fulfilled his obligations under the agreement with the crew; or
(c) that he declines to express an opinion on those particulars;
and the shipping master shall thereupon sign and give such continuous discharge certificate
notwithstanding anything to the contrary contained in sub-section (1).
(3) If the master states that he declines to express an opinion on the particulars mentioned in clauses
(a) and (b) of sub-section (1) or sub-section (2), he shall enter in the official log book his reasons for so
declining.
121. Discharge and leaving behind of seamen by masters of Indian ships.―(1) The master of
an Indian ship shall not—
(a) discharge a seaman before the expiration of the period for which he was engaged, unless
the seaman consents to his discharge; or
(b) except in circumstances beyond his control, leave a seaman or apprentice behind;
without the authority of the officer specified in this behalf by the Central Government and the officer
aforesaid shall certify on the agreement with the crew that he has granted such authority, and also the
reason, for the seaman being discharged or the seaman or apprentice being left behind.
(2) The officer aforesaid to whom application is made for authority in terms of sub-section (1) shall
investigate the grounds on which the seaman is to be discharged or the seaman or apprentice left behind
and may in his discretion grant or refuse to grant such authority:
Provided that he shall not refuse to grant his authority if he is satisfied that the seaman has without
reasonable cause—
(a) failed or refused to join his ship or to proceed to sea therein; or
(b) been absent from his ship without leave, either at the commencement or during the progress
of a voyage for a period of more than forty-eight hours.

58
 (3) The officer aforesaid shall keep a record of all seamen or apprentices discharged or left behind
with his authority; and whenever any charge is made against a seaman or apprentice under section 191,
the fact that no such authority is so recorded shall be prima facie evidence that it was not granted.
122. Wages and other property of seaman or apprentice left behind.―(1) If a seaman or
apprentice is left behind, the master shall enter in the official logbook a statement of the amount due to
the seaman or apprentice in respect of wages at the time when he was left behind and of all property left
on board by him, and shall take such property into his charge.
(2) Within forty-eight hours after the arrival of the ship at the port in India at which the voyage
terminates, the master shall deliver to the shipping master —
(a) a statement of the amount due to the seaman or apprentice in respect of wages, and of all
property left on board by him; and
(b) a statement, with full particulars, of any expenses that may have been caused to the master
or owner of the ship by the absence of the seaman or apprentice, where the absence is due to a
contravention by the seaman or apprentice of section 191; and, if required by the shipping master
to do so shall furnish such vouchers as are reasonably required to verify the statements.
(3) The master shall at the time when he delivers the statements referred to in sub-section (2) to the
shipping master also deliver to him the amount due to the seaman or apprentice in respect of wages and
the property that was left on board by him, and the shipping master shall give to the master a receipt
therefor in the prescribed form.
(4) The master shall be entitled to be reimbursed out of the wages or property referred to in clause
(a) of sub-section (2) such expenses shown in the statement referred to in clause (b) of that sub-section
as appear to the shipping master to be properly chargeable.
123. Repatriation of seamen or termination of service at foreign port.―(1) When the service
of a seaman or apprentice terminates without the consent of the said seaman or apprentice at a port
outside India, and before the expiration of the period for which the seaman was engaged or the
apprentice was bound, the master or owner of the ship shall, in addition to any other relative obligation
imposed on either of them by this Act, make adequate provision for the maintenance of the seaman or
apprentice according to his rank or rating, and for the return of that seaman or apprentice to a proper
return port.
(2) If the master or owner fails without reasonable cause to comply with sub-section (1), the
expenses of maintenance and of the journey to the proper return port shall, if defrayed by the seaman
or apprentice, be recoverable as wages due to him, and if defrayed by an Indian consular officer, be
regarded as expenses falling within the provisions of sub-sections (3) and (4) of section 161.
Explanation.—Inability to provide the said expenses shall not, for the purposes of this sub-section,
be regarded as reasonable cause.
124. Discharge of seamen on change of ownership.―(1) If an Indian ship is transferred or
disposed of while she is at or on a voyage to any port outside India, every seaman or apprentice
belonging to that ship shall be discharged at that port, unless he consents in writing in the presence of
the Indian consular officer to complete the voyage in the ship if continued.
(2) If a seaman or apprentice is discharged from an Indian ship in terms of sub-section (1), the
provisions of section 123 shall apply as if the service of the seaman or apprentice had terminated without
his consent and before the expiration of the period for which the seaman was engaged or the apprentice
was bound.
(3) Every seaman or apprentice discharged in terms of sub-section (1) shall, if the voyage for which
he was engaged is not continued, be entitled to the wages to which he would have been entitled if his
Service has been wrongfully terminated by the owner before the expiration of the period for which the
seaman was engaged or the apprentice was bound.

59
 Payment of wages
125. Master to deliver account of wages.―(1) The master of every ship shall, before paying off
or discharging a seaman under this Act deliver at the time and in the manner provided by this Act a full
and true account in the form prescribed of the seaman's wages and of nil deductions to be made
therefrom on any account whatever.
(2) The said account shall be delivered, either to the seaman himself, at or before the time of his
leaving the ship, or to the shipping master not less than twenty-four hours before the discharge or
payment off.
126. Disrating of seamen.―(1) Where the master of a ship disrates a seaman, he shall forthwith
enter of cause to be entered in the official log book, a statement of the disrating, and furnish the seaman
with a copy of the entry; and any reduction of wages consequent on the disrating shall not take effect
until the entry has been so made and the copy so furnished.
(2) Any reduction of wage's consequent on the disrating of a seaman shall be deemed to be a
deduction from wages within the meaning of sections 125 and 127.
127. Deductions from wages of seamen.―(1) A deduction from the wages of a seaman shall not
be allowed unless it is included in the account delivered in pursuance of this Act except in respect of a
matter happening after such delivery.
(2) The master shall during the voyage enter the various matters in respect of which the deductions
are made, with the amount of the respective deductions as they occur, in a book to be kept for that
purpose, and shall, if required, produce the book at the time of the payment of wages and also upon the
hearing before any competent authority of any complaint or question relating to that payment.
128. Payment of wages before shipping master.―(1) Where a seaman is discharged in India
before a shipping master, the shall receive his wages through, or in the presence of, the shipping master
unless a competent Court otherwise directs.
(2) If the master or owner of a home-trade ship of less than two hundred tons gross so desires the
seamen of that ship may receive their wages in the same manner as seamen discharged from a foreign-
going ship, or from a home-trade ship of two hundred tons gross or more.
129. Time of payment of wages.―(1) The master, owner or agent of every ship shall pay to every
seaman his wages within four days after the seaman's discharge, and the seaman shall at the time of his
discharge be entitled to be paid on account a sum equal to one-fourth part of the balance due to him.
(2) If a master, owner or agent fails without reasonable cause to make payment at that time, he shall
pay to the seaman such sum not exceeding the amount of two day‟s pay for each of the days
commencing from the day of discharge, during which payment is delayed as the shipping master may
in each case decide, but the sum so payable shall not exceed ten days' double pay.
(3) Any sum payable under this section may be recovered as wages.
130. Settlement of wages.―(1) Where a seaman is discharged and the settlement of his wages
completed before a shipping master, the seaman, shall sign in the presence of the shipping master a
release in the form, prescribed of all claims in respect of the past voyage or engagement, and the release
shall also be signed by the master, owner or agent of the ship and attested by the shipping master.
(2) The release so signed and attested shall be retained by the shipping master and shall operate as
a mutual discharge and settlement of all demands between the parties thereto in respect of the past
voyage or engagement but shall not debar a claim, to compensation for personal injury caused by
accident arising out of and in the course of employment.

60
 (3) A copy of the release, certified under the hand of the shipping master to be a true copy, shall be
given by him to any party thereto requiring the same and such copy shall be receivable in evidence upon
any question touching such claims, and shall have all the effect of the original of which it purports to
be a copy.
(4) No payment, receipt or settlement of the wages of a seaman made otherwise than in accordance
with this Act shall operate or be admitted as evidence of the release or satisfaction of any claim in
respect of such wages.
(5) Upon any payment being made by a master before a shipping master, the shipping master shall,
if required, sign and give to the master a statement of the whole amount so paid, and the statement shall
as between the master and his employer, be admissible as evidence that the master has made the
payments therein mentioned.
(6) Notwithstanding anything contained in the preceding sub-sections a seaman may except from
the release signed by him any specified claim or demand against the master or owner of the ship, and a
note of any claim or demand so excepted shall be entered upon the release; and the release shall not
operate as a discharge and settlement of any claim or demand so noted, nor shall sub-section (4) apply
to any payment, receipt or settlement made with respect to any such claim or demand.
1
[130A. Certain undisbursed amounts to be utilised for welfare of seamen.―Subject to the
provisions of section 160 and to such restriction and conditions as may be prescribed any amount
deposited with or recovered by the shipping master for making payment in accordance with the
allotment note made by a seaman or for being paid to a seaman or his nominee may, if such amount
remains unclaimed with the shipping master for a period of not less than six years be utilised for the
welfare of seamen in such manner as the Central Government may direct.]
131. Master to give facilities to seaman for remitting wages.―Where a seaman expresses to the
master of the ship his desire to have facilities afforded to him for remitting any part of the balance of
the wages due to him to a savings bank or to a near relative, the master shall give to the seaman all
reasonable facilities for so doing so far as regards so much of the balance as is within the limits, if any,
specified in this behalf by the Central Government, but shall be under no obligation to give those
facilities while the ship is in port if the sum will become payable before the ship leaves port or otherwise
than conditionally on the seaman going to sea in the ship.
132. Decision of questions by shipping masters.―(1) Where under the agreement with the crew
any dispute arises at any port in India between the master, owner or agent of a ship and any of the crew
of the ship, it shall be submitted to the shipping master,―
2
[(a) where the amount in dispute is up to five lakh rupees or such higher amount not exceeding
ten lakh rupees, as the Central Government may, by notification, specify, at the instance of either
party to the dispute;]
(b) in any other case, if both parties to the dispute agree in writing to submit the dispute to the
shipping master.
3
[(1A) Any complaint of dispute received by the shipping master from an Indian seaman, on a vessel
registered in a country other than India, in Indian territorial waters, with the master, owner or agent.]
(2) The shipping master shall hear and decide the dispute so submitted and an award made by him
upon the submission shall be conclusive as to the rights of the parties, and any document purporting to
be such submission or award shall be prima facie evidence thereof.

An award made by a shipping master under this section may be enforced by 1[a Judicial Magistrate of the
first class or a Metropolitan Magistrate, as the case may be,] in the same manner as an order for the
payment of wages made by such Magistrate under this Act.

1. Subs. by Act 41of 1984, s. 11, for “to his legal heirs” (w.e.f. 15-7-1985).

70
 (3) Nothing in the Arbitration Act, 1940 (10 of 1940), shall apply to any matter submitted to a
shipping master for decision under this section.
133. Power of shipping master to require production of ship's papers.―In any proceedings
under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the
shipping master may require the owner, master or agent or any mate or other member of the crew to
produce any logbooks, papers, or other documents in his possession or power relating to any matter in
question in the proceedings, and may require the attendance of and examine any of those persons being
then at or near the place on the matter.
134. Rule as to payment to seamen in foreign currency.―Where a seaman or apprentice has
agreed with the master of a ship for payment of his wages in Indian or other currency, any payment of,
or on account of, his wages, if made in any currency other than that stated in the agreement, shall,
notwithstanding anything in the agreement, be made at the rate of exchange for the time being current
at the place where the payment is made.
Advance and allotment of wages
135. Advance of wages.―(1) Any agreement with the crew may contain a stipulation for payment
to a seaman, conditional on his going to sea in pursuance of the agreement of a sum not exceeding the
amount of one month's wages payable to the seaman under the agreement.
(2) Save as aforesaid, an agreement by or on behalf of the employer of a seaman for the payment
of money to or on behalf of the seaman, conditional on his going to sea from any port in India shall be
void, and no money paid in satisfaction or in respect of any such agreement shall be deducted from the
seaman‟s wages, and no person shall have any right of action, suit or set-off against the seaman or his
assignee in respect of any money so paid or purporting to have been so paid.
(3) No seaman, who has been lawfully engaged and has received under his agreement an advance
payment, wilfully or through misconduct shall fail to attend his ship or desert there from before the
payment becomes really due to him.
(4) Where it is shown to the satisfaction of a shipping master that a seaman lawfully engaged has
willfully or through misconduct failed to attend his ship, the shipping master shall report the matter to
the Director-General who may direct that any of the seaman's certificates of discharge referred to in
sections 119 and 120 shall be withheld for such period as he may think fit; and while a seaman's
certificate of discharge is so withheld, the Director-General or any other person having the custody of
the necessary documents may, notwithstanding anything in this Act, refuse to furnish copies of any such
certificate or certified extracts therefrom.
136. Allotment notes respecting seaman's wages.―(1) A seaman may require that a stipulation
be inserted in the agreement for the allotment, by means of an allotment note, of any part (not exceeding
three-fourths) of the amount of the monthly wages payable to him in favour of any such member of his
family or any such relative or for any such purpose approved in this behalf by the Central Government
by general or special order, as may be specified in the note.
(2) Every shipping master or other officer before whom the seaman is engaged shall, after the
seaman has signed the agreement, inquire from the seaman whether he requires such a stipulation for
the allotment of his wages by means of an allotment note.
(3) Whenever a seaman requires such a stipulation, the stipulation shall be inserted in the
agreement of the crew, and such stipulation shall be deemed to have been agreed to by the master.

An allotment note shall be in the prescribed form and shall be signed by the owner, master or agent of the
ship and by the seaman.
137. Commencement and payment of sums allotted.―(1) A payment under an allotment note
1. Subs. by Act 41of 1984, s. 11, for “to his legal heirs” (w.e.f. 15-7-1985).

71
 shall begin at the expiry of 1[one month from the date on which the seaman's right to wages begins] and
shall be made at the expiration of every subsequent month after the first month and shall be made only
in respect of the wages earned before the date of payment.
(2) The owner, master or agent who has authorised the drawing of an allotment note shall pay to
the shipping master on demand the sums due under the note, and, if he fails to do so, the shipping master
may sue for and recover the same with costs:
Provided that no such sum shall be recoverable if it is shown to the satisfaction of the Court trying
the case that the seaman has forfeited or ceased to be entitled to the wages out of which the allotment
was to have been paid but the seaman shall be presumed to be duly earning his wages unless the contrary
is shown to the satisfaction of the Court either by the official statement of the change in the crew caused
by his absence made and signed by the master as by this Act is required or by a certified copy of some
entry in the official logbook to the effect that he has died or left the ship, or by a credible letter from the
master of the ship to the same effect, or by such other evidence of whatever description, as the Court
may consider sufficient.
(3) The shipping master on receiving any such sum as aforesaid shall pay it over to the person
named in that behalf in the allotment note.
(4) All such receipts and payments shall be entered in a book to be kept for the purpose, and all
entries in the said book shall be authenticated by the signature of the shipping master.
(5) The said book shall at all reasonable times be open to the inspection of the parties concerned.
Rights of seamen in respect of wages
138. Right to wages and provisions.―A seaman's right to wages and provisions shall be taken to
being either at the time at which he commences work or at the time specified in the agreement for his
commencement of work or presence on board, whichever first happens.
2
[138A. Working hours of seamen.―The ordinary hours of work for all seamen shall not exceed
forty-eight hours in a week.]
139. Right to recover wages and salvage not to be forfeited.―(1) A seaman shall not by any
agreement forfeit his lien on the ship or be deprived of any remedy for the recovery of his wages to
which, in the absence of the agreement, he would be entitled, and shall not by any agreement abandon
his right to wages in case of loss of the ship or abandon any right that he may have or obtain in the
nature of salvage, and every stipulation in any agreement inconsistent with any provisions of this Act
shall be void.
(2) Nothing in this section shall apply to a stipulation made by the seamen belonging to any ship
which according to the terms of the agreement is to be employed on salvage service with respect to the
remuneration to be paid to them for salvage service to be rendered by that ship to any other ship.
140. Wages not to depend on freight.―(1) The right to wages shall not depend on the earning of
freight, and every seaman and apprentice who would be entitled to demand and recover any wages if
the ship in which he has served had earned freight, shall, subject to all other rules of law and conditions
applicable to the case, be entitled to demand and recover the same notwithstanding that freight has not
been earned, but in all cases of wreck or loss of the ship, proof that the seaman has not exerted himself
to the utmost to save the ship, cargo and stores shall bar his claim to wages.
(2) Where a seaman or apprentice who would but for death be entitled by virtue of this section to demand
and recover any wages dies before the wages are paid, they shall be paid and applied in manner provided by
this Act with respect to the wages of a seaman who dies during a voyage.
141. Wages on termination of service by wreck, illness, etc.―(1) Where the service of any
seaman engaged under this Act terminates before the date contemplated in the agreement by reason of
the wreck, loss or abandonment of the ship or by reason of his being left on shore at any place outside

1. Subs. by Act 41of 1984, s. 11, for “to his legal heirs” (w.e.f. 15-7-1985).

72
 142. India under a certificate granted under this Act of his unfitness or inability to proceed on the
voyage the seaman shall be entitled to receive―
(a) in the case of wreck, loss or abandonment of the ship―
(i) wages at the rate to which he was entitled at the date of termination of his service for
the period from the date his service is so terminated until he is returned to and arrives at a proper
return port;
Provided that the period for which he shall be entitled to receive wages shall be not less
than one month; and
(ii) compensation for the loss of his effects―
(a) in the case of a seaman employed on a home-trade ship, of not less than one month‟s
wages; and
(b) in the case of a seaman employed on a foreign-going ship, of not less than three
month‟s wages;
(b) in the case of unfitness or inability to proceed on the voyage, wages for the period from the
date his service is terminated until he is returned to and arrives at a proper return port.
(2) A seaman shall not be entitled to receive wages under sub-clause (i) of clause (a) of sub-section
(1) in respect of any period during which―
(a) he was, or could have been, suitably employed; or
(b) through negligence he failed to apply to the proper authority for relief as a distressed or
destitute seaman.
(3) Any amount payable by way of compensation under sub-clause (ii) of clause (a) of sub- section
(1) shall be deposited with the shipping master at the port of engagement in India for payment to the
seaman, or, in the case of a deceased seaman, 1[to the person nominated by him in this behalf under
section 159A or if he has not made any such nomination or the nomination made by him is or has
become void, to his legal heirs.]
143. Wages not to accrue during absence without leave, refusal to work or
imprisonment.―(1) A seaman or apprentice shall not be entitled to wages —
(a) for any period during which he is absent without leave from his ship or from his duty; or
(b) for any period during which he unlawfully refuses or neglects to work when required; or
(c) unless the court hearing the case otherwise directs, for any period during which he is
lawfully imprisoned.
(2) A seaman or apprentice shall not be disentitled to claim wages for any period during which he
has not performed his duty if he proves that he was incapable of doing so by reason of illness, hurt or
injury, unless it be proved that—
(a) his illness, hurt or injury was caused by his own willful act or default or his own
misbehavior; or

1. Subs. by Act 41of 1984, s. 11, for “to his legal heirs” (w.e.f. 15-7-1985).

73
 (b) his illness was contracted or his hurt or injury was sustained at a proper return port and was
not attributable to his employment; or
(c) he has unreasonably refused to undergo medical or surgical treatment for his illness, hurt or
injury involving no appreciable risk to his life.
144. Compensation to seamen for premature discharge.―(1) If a seaman having signed an
agreement is discharged, otherwise than in accordance with the terms thereof, without fault on his part
justifying the discharge and without his consent, he shall be entitled to receive from the master, owner
or agent, in addition to any wages he may have earned, as due compensation for the damage caused to
him by the discharge, such sum as the shipping master may fix having regard to the circumstances
relating to the discharge:
Provided that the compensation so payable shall not exceed —
(a) in the case of a seaman who has been discharged before the commencement of a voyage,
one month's wages; and
(b) in the case of a seaman who has been discharged after the commencement of a voyage,
three months' wages.
(2) Any compensation payable under this section may be recovered as wages.
145. Restriction on sale of and charge upon wages.―(1) As respects wages due or accruing to a
seaman or apprentice—
(a) they shall not be subject to attachment by order of any court;
(b) an assignment thereof made prior to the accruing thereof shall not bind the person making
the same;
(c) a power of attorney or authority for the receipt thereof shall not be irrevocable;
(d) a payment of wages to a seaman or apprentice shall be valid in law notwithstanding any
previous assignment of those wages or any attachment thereof or encumbrance thereon.
(2) The provisions of clauses (b) and (c) of sub-section (1) shall not apply to so much of the wages
of a seaman as have been or are hereafter assigned by way of contribution to any fund or scheme
approved in this behalf by the Central Government, the main purpose of which is the provision for
seamen of health or social insurance benefits and the provisions of clauses (a) and (d) of sub-section
(1) shall not apply to anything done or to be done for giving effect to such an assignment.
(3) Nothing in this section shall affect the provisions of this Act or any other law for the time being
in force with respect to allotment notes.
Mode of recovering wages
146. Summary proceedings for wages.―(1) A seaman or apprentice or a person duly authorised
on his behalf may, as soon as any wages due to him become payable, apply to 1[any Judicial Magistrate
of the first class or any Metropolitan Magistrate, as the case may be,] exercising jurisdiction in or near
the place at which his service has terminated or at which he has been discharged or at which any person
upon whom the claim is made is or resides, and 2[such Magistrate] shall try the case in a summary way
and the order made by 2[such Magistrate] in the matter shall be final.
(2) An application under sub-section (1) may also be made by any officer authorised by the Central
Government in this behalf by general or special order.

146. Restrictions on suits for wages.―A proceeding for the recovery of wages due to a seaman
or apprentice shall not be instituted by or on behalf of any seaman or apprentice in any civil court except
where―
(a) the owner of the ship has been declared insolvent;
74
 (b) the ship is under arrest or sold by the authority of any Court;
(c) 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate as the case may be,]
refers a claim to the Court.
147. Wages not recoverable outside India in certain cases.―Where a seaman is engaged for a
voyage which is to terminate in India, he shall not be entitled to sue in any court outside India for wages
unless he is discharged with such sanction as is required by this Act, and with the written consent of the
master, or proves such ill-usage on the part, or by the authority, of the master, as to warrant a reasonable
apprehension of danger to his life if he were to remain on board.
148. Remedies of master for wages, disbursements, etc.―(1) The master of a ship shall, so far
as the case permits, have the same rights, liens and remedies for the recovery of his wages as a seaman
has under this Act or by any law or custom.
(2) The master of a ship and every person lawfully acting as a master of a ship by reason of the
decease or incapacity from illness, of the master of the ship shall, so far as the case permits, have the
same rights, liens and remedies for the recovery of disbursements or liabilities properly made or incurred
by him on account of the ship as a master has for recovery of his wages.
(3) If in any proceeding in any court touching the claim of a master in respect of such wages,
disbursements or liabilities any set-off is claimed or any counter-claim is made, the court may enter
into, and adjudicate upon, all questions and settle all accounts then arising or outstanding and unsettled
between the parties to the proceeding and may direct payment of any balance found to be due.
Power of courts to rescind contracts
149. Power of Court to rescind contract between master, owner or agent and seaman or
apprentice.―Where a proceeding is instituted in any court in relation to any dispute between master,
owner or agent of a ship and a seaman or apprentice, arising out of or incidental to their relation as such,
or instituted for the purpose of this section, the court, if having regard to all the circumstances of the
case, it thinks it, just to do so, may rescind any contract between the master, owner or agent and the
seaman or apprentice, upon such terms as the court may think just, and this power shall be in addition
to any other jurisdiction which the court can exercise independently of this section.
Disputes between seamen and employers
150. Power to refer disputes between seamen and their employers to tribunals.―(1) Where
the Central Government is of opinion that any dispute between seamen or any class of seamen or of any
union of seamen and the owners of ships in which such seamen are employed or are likely to be
employed and exists or is apprehended and such dispute relates to any matter connected with or
incidental to the employment of the seamen, the Central Government may, by notification in the Official
Gazette, constitute a tribunal consisting of one or more persons, and refer the dispute to the tribunal for
adjudication.
(2) The tribunal so constituted shall have power to regulate its own procedure and shall have the
same powers as are vested in a civil court under the Code of Civil Procedure, 1908 (5 of 1908), when
trying a suit in respect of the following matters:—
(a) enforcing the attendance of any person and examining him on oath;

(b) compelling the production of documents;

(c) issuing commissions for the examination of witnesses;
(d) any other matter which may be prescribed,
and any proceeding before the tribunal shall be deemed to be a judicial proceeding within the meaning
of sections 193 and 228 of the Indian Penal Code (45 of 1860).
(3) No party to a dispute shall be entitled to be represented by a legal practitioner in any proceeding
before the tribunal except with the consent of the other party or parties to the proceeding and with the

75
leave of the tribunal.
(4) The tribunal shall dispose of the reference expeditiously and shall, as soon as practicable on the
conclusion of the proceedings, submit its award to the Central Government.
(5) On receipt of the award the Central Government shall cause it to be published and the award
shall become enforceable on the expiry of thirty days from the date of such publication:
Provided that where the Central Government is of opinion that it will be inexpedient on public
grounds to give effect to the award or any part of it, it may before the expiry of the said period of thirty
days by order in the Official Gazette either reject the award or modify it, and where the Central
Government does so, the award shall not become enforceable or shall become enforceable subject to
the modifications, as the case may be.
(6) An award which has become enforceable under this section shall be binding on—
(a) all parties to the dispute;
(b) where any party to the dispute is the owner of the ship, his heirs, successors, or assigns.
(7) Save as otherwise provided in the award, an award shall remain in operation for a period of one
year from the date on which it becomes enforceable and shall thereafter continue to remain in operation
until a period of two months has elapsed from the date on which notice is given by any party bound by
the award to the other party or parties intimating its intention to terminate the award.
(8) Any money due to a seaman from the owner of a ship under an award may be recovered as
wages.
(9) Nothing contained in the Industrial Disputes Act, 1947 (14 of 1947), shall apply to any dispute
between seamen or any class of seamen or any union of seamen and the owners of ships in which such
seamen are employed or are likely to be employed.
151. Conditions of service, etc., to remain unchanged during pendency of proceedings before
tribunal.―During the pendency of proceedings under section 150—
(a) no seamen or class of seamen or union of seamen shall go or remain on strike or otherwise
act in a manner prejudicial to the normal operation of the ships in which the seamen are employed
or are likely to be employed; and
(b) no owner of a ship shall—
(i) alter to the prejudice of the seamen concerned in the dispute, the conditions of service
applicable to them immediately before the commencement of such proceedings; or
(ii) discharge or punish any seaman in respect of any matter connected with the dispute.
Property of deceased seamen and apprentices
152. Master to take charge of the effects of deceased seamen.—(1) If any seaman or apprentice
engaged on any ship, the voyage of which is to terminate in India, dies during that voyage, the master
of the ship shall report the death to the next-of-kin of the seaman or apprentice and to the shipping
master at his port of engagement and shall take charge of any money or effects belonging to the seaman
or apprentice which are on board the ship.

76
 (2) The master shall thereupon enter in the official log book the following particulars, namely:—
(a) a statement of the amount of money and a detailed description of the other effects;
(b) a statement of the sum due to the deceased for wages and of the amount of deduction, if
any, to be made from the wages.
(3) The said money, balance of wages and other effects are in this Act referred to as the property of
the seaman or apprentice.
153. Dealing with and account of property of seamen who die during voyage.―(1) If any
seaman or apprentice engaged on any ship, the voyage of which is to terminate in India, dies during that
voyage and the ship before coming to a port in India touches and remains for forty-eight hours at some
port elsewhere, the master shall report the case to the Indian consular officer at such port and shall give
to the officer any information he requires as to the destination of the ship and probable length of the
voyage.
(2) The Indian consular officer may, if he thinks it expedient, require the property of the seaman or
apprentice to be delivered and paid to him and shall thereupon give to the master a receipt therefor and
endorse under his hand upon the agreement with the crew such particulars with respect thereto as the
Central Government may require.
(3) The receipt shall be produced by the master to the shipping master within forty-eight hours after
his arrival at his port of destination in India.
(4) Where a seaman or apprentice dies as aforesaid and the ship proceeds at once to a port in India
without touching and remaining as aforesaid at a port elsewhere or the Indian consular officer does not
require the delivery and payment of the property as aforesaid, the master shall within forty-eight hours
after his arrival at his port of destination in India, pay and deliver the property to the shipping master at
that port.
(5) A deduction claimed by the master in such account shall not be allowed unless vertified by an
entry in the Official log book, and also by such other vouchers, if any, as may be reasonably required
by the shipping master.
(6) A shipping master in India shall grant to a master upon due compliance with such provisions of
this section as relate to acts to be done at the port of destination a certificate to that effect.
154. Master to pay and deliver property of deceased seamen.―(1) If the master of a ship fails
to comply with the provisions of this Act with respect to taking charge of the property of the deceased
seaman or apprentice, or to making in the official log book the proper entries relating thereto, or to the
payment or delivery of such property, he shall be accountable for such property to the shipping master
as aforesaid, and shall pay and deliver the same accordingly.
(2) The property may be recovered in the same Court and manner in which the wages of seamen
may be recovered under this Act.
155. Property of deceased seaman left abroad but not on board ship.―If any seaman or
apprentice on an Indian ship, or engaged in India on any other ship, the voyage of which is to terminate
in India, dies at any place outside India leaving any money or effects not on board the ship, the Indian
consular officer at or near the place shall claim and take charge of such money and other effects
(hereinafter referred to as the property of a deceased seaman or apprentice).
156. Dealing with property of deceased seamen.―(1) An Indian consular officer or a shipping
master to whom the effects of a deceased seaman or apprentice are delivered or who takes charge of
such effects under this Act may, if he thinks fit, sell the effects, and the proceeds of any such sale shall
be deemed to form part, of the property of the deceased seaman or apprentice.
(2) Before selling any valuables comprised in the said effects, such officer of shipping master shall
endeavour to ascertain the wishes of the next-of-kin of the deceased seaman or apprentice as to the
disposal of such valuables and shall, if practicable and lawful, comply with such wishes.

77
 (3) An Indian consular officer to whom any property of a deceased seaman or apprentice is
delivered or who takes charge of any such property under this Act shall remit the property to the
shipping master at the port of engagement of the deceased seaman or apprentice in such manner and
shall render such accounts in respect thereof as may be prescribed.
157. Recovery of wages, etc., of seamen lost with their ship.―(1) Where a seaman or apprentice
is lost with the ship to which he belongs, the Central Government or such officer as the Central
Government may appoint in this behalf may recover the wages and the compensation due to him from
the owner, master or agent of the ship in the same Court and in the same manner in which seamen's
wages are recoverable, and shall deal with those wages in the same manner as with the wages and
compensation due to other deceased seamen or apprentices under this Act.
(2) In any proceedings for the recovery of the wages and compensation, if it is shown by some
official records or by other evidence that the ship has, twelve months or upwards before the institution
of the proceeding, left any port, she shall, unless it is shown that she has been heard of within twelve
months after the departure be deemed to have been lost with all hands on board either immediately after
the time she was last heard of or at such later time as the Court hearing the case may think probable.
158. Property of seamen dying in India.―If a seaman or apprentice dies in India and is at the
time of his death entitled to claim from the master or owner of the ship in which he has served any
effects or unpaid wages, the master, owner or agent shall pay and deliver or account for such property
to the shipping master at the port where the seaman or apprentice was discharged or was to have been
discharged or to such other officer as the Central Government may direct.
159. Payment over of property of deceased seamen by shipping master.―Where any property
of a deceased seaman or apprentice is paid or delivered to a shipping master, the shipping master, after
deducting for expenses incurred in respect of that seaman or apprentice or of his property 1[such sums
as he thinks proper to allow, shall pay and deliver the residue to the person nominated by the seaman or
apprentice in this behalf under section 159A and if he has not made any such nomination or the
nomination made by him is or has become void, the shipping master may―]
(a) pay and deliver the residue to any claimants who can prove themselves to the satisfaction
of the said shipping master to be entitled thereto, and the said shipping master shall be thereby
discharged from all further liability in respect of the residue so paid or delivered; or
(b) if he thinks fit so to do, require probate or letters of administration or a certificate under the
Indian Succession Act, 1925 (39 of 1925) 2[or a certificate under section 29 of the Administrators-
General Act, 1963 (45 of 1963)], to be taken out, and thereupon pay and deliver the residue to the
legal representatives of the deceased.
3
[159A. Nomination.―(1) A seaman may, for the purposes of sub-section (3) of section 141 and
clause (b) of section 159 and an apprentice may, for the purposes of clause (b) of section 159, nominate
any person or persons:
Provided that if the seaman or the apprentice has a family, he may nominate for the purposes
aforesaid any one or more members of his family only and if a seaman or an apprentice acquires a
family after he has made any such nomination, the nomination shall become void.
(2) The form in which any nomination may be made under sub-section (1), the cancellation or
variation of any such nomination (including the making of a fresh nomination) and all other matters
connected with such nominations shall be such as may be prescribed.]
160. Disposal of unclaimed property of deceased seamen.―(1) Where no claim to the property
of a deceased seamen or apprentice received by a shipping master is substantiated within one year

from the receipt thereof by such shipping master, the shipping master shall cause such property to be
sold and pay the proceeds of the sale into the public account of India.
(2) If, after the proceeds of the sale having been so paid, any claim is made thereto, then, if the
claim is established to the satisfaction of the shipping master, the amount or so much thereof as shall
78
appear to him to be due to the claimant, shall be paid to him, and if the claim is not so established, the
claimant may apply by petition to the High Court, and such Court, after taking evidence either orally or
on affidavit, shall make such order on the petition as shall seem just:
Provided that, after the expiration of six years from the receipt of such property by the shipping
master, no claim to such property shall be entertained without the sanction of the Central Government.
1
[Provided further that if, before the expiration of six years after the proceeds of the sale have been
so paid, no claim is made thereto the amount or any part thereof may be utilised for the welfare of
seamen in such manner as the Central Government may direct.]
Distressed seamen
161. Relief and maintenance of distressed seamen.―(1) The Indian consular officer at or near
the place where a seaman is in distress shall, on application being made to him by the distressed seaman,
provide in accordance with the rules made under this Act for the return of that seaman to a proper return
port, and also for the said seaman's necessary clothing and maintenance until his arrival at such port.
(2) A distressed seaman shall not have any right to be maintained or sent to a proper return port
except to the extent and on the conditions provided for in the rules.
(3) All repatriation expenses, other than excepted expenses, incurred by or on behalf of the Central
Government in accordance with the provisions of this Act shall constitute a debt due to the Central
Government for which the owner or agent of the ship to which the seaman in respect of whom they
were incurred belonged at the time of his discharge or other event which resulted in his becoming
distressed seaman shall be liable; and the owner or agent shall not be entitled to recover from the seaman
any amount paid by him to the Central Government in settlement or part settlement of such debt.
(4) All excepted expenses incurred by or on behalf of the Central Government in accordance with
the provisions of this Act shall constitute a debt due to the Central Government for which the seaman
in respect of whom they were incurred and the owner or agent or the ship to which that seaman belonged
at the time of his discharge or other event which resulted in his becoming a distressed seaman shall be
jointly and severally liable; and the owner or agent shall be entitled to recover from the seaman any
amount paid by him to the Central Government in settlement or part settlement of such debt, and may
apply to the satisfaction of his claim so much as may be necessary of any wages due to the seaman.
(5) All excepted expenses incurred in accordance with the provisions of this Act in respect of any
distressed seaman by the owner or agent of the ship to which he belonged at the time of his discharge
or other event which resulted in his becoming a distressed seaman shall constitute a debt due to the
owner or agent for which the seaman shall be liable; and the owner or agent may apply to the satisfaction
of his claim so much as may be necessary of any wages due to the seaman; but he shall not be entitled
to recover from the seaman any repatriation expenses other than excepted expenses.
(6) In any proceedings for the recovery of any expenses which in terms of sub-section (3) or sub-
section (4) are a debt due to the Central Government, the production of any account of the expenses and
proof of payment thereof by or on behalf of or under the direction of the Central Government shall be
prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by
or on behalf of the Central Government.

(7) Any debt which may be due to the Central Government under this section may be recovered by
any officer authorised by it in writing in this behalf from the person concerned in the same manner as
wages arc recoverable under section 145.
162. Mode of providing for return of seamen to proper return port.―(1) A seaman may be
sent to a proper return port by any reasonable route either by sea or land or if necessary by air or partly
by any one and partly by any other of these modes.
(2) Provisions shall be made for the return of the seaman as to the whole of the route if it is by sea
or as to any part of the route which is by sea by placing the seaman on board an Indian ship which is in
79
want of men to make up its complement, or, if that is not practicable, by providing the seaman with a
passage in any ship, Indian or foreign, or with the money for his passage and, as to any part of the route
which is by land or air, by paying the expenses of his journey and of his maintenance during the journey
or providing him with means to pay those expenses.
(3) Where the master of a ship is required under this Part to provide for the return of a discharged
seaman to a proper return port, the master may, instead of providing the seaman's passage or the
expenses of his journey or of providing the seaman with means to pay his passage or those expenses,
deposit with the proper officer such sum as that officer considers sufficient to defray the expenses of
the return of the seaman to a proper return port.
163. Receiving distressed seamen on ships.―(1) The master of an Indian ship shall receive on
board his ship and afford passage and maintenance to all distressed seamen whom he is required by the
Indian consular officer to take on board his ship, and shall during the passage provide every such
distressed seaman with accommodation equal to that normally provided for the crew of the ship and
subsistence, proper to the rank or rating of the said distressed seaman.
(2) The master of a ship shall not be required to receive on board his ship a distressed seaman in
terms of this section, if the Indian consular officer is satisfied that accommodation is not and cannot be
made available for such seaman.
164. Provisions as to taking distressed seamen on ships.―(1) Where a distressed seaman is for
the purpose of his return to a proper return port placed on board an Indian ship, the Indian consular
officer by whom the seaman is so placed shall endorse on the agreement with the crew of the ship
particulars of the seaman so placed on board.
(2) On the production of a certificate signed by the Indian consular officer by whose directions any
such distressed seamen were received on board, specifying the number and names of the distressed
seamen and the time when each of them was received on board, and on a declaration made by the master
stating the number of days during which each distressed seaman has received subsistence and stating
the full complement of his crew and the actual number of seamen employed on board his ship and every
variation in that number, whilst the distressed seamen received maintenance, the master shall be entitled
to be paid in respect of the subsistence and passage of every seaman so conveyed and provided for by
him, exceeding the number, if any, wanted to make up the complement of his crew, such sum for each
day as the Central Government may by rules made in this behalf allow.
165. What shall be evidence of distress.―In any proceeding under this Part a certificate of the
Central Government or of such officer as the Central Government may specify in this behalf to the
effect that any seaman named therein is distressed shall be conclusive evidence that such seaman is
distressed within the meaning of this Act.
166. Indian consular officer to decide return port to which or route by which seaman is to be
sent.―If any question arises as to what return port a seaman is to be sent in any case or as to the route
by which he should be sent, that question shall be decided by the Indian consular officer concerned, and
in deciding any question under this provision the Indian consular officer shall have regard both to the
convenience of the seaman and to the expense involved, and also, where that is the case, to the fact that
an Indian ship which is in want of men to make up its complement is about to proceed to a proper return
port.

80
 167. Power to make rules with respect to distressed seamen.―The Central Government may
make rules with respect to the relief, maintenance and return to a proper return port of seamen found in
distress in any place out of India and with respect to the circumstances in which and the conditions
subject to which, seamen may be relieved and provided with passages under this Part, and generally to
carry out the provisions of this Part relating to distressed seamen.
Provisions, health and accommodation
168. Ships to have sufficient provisions and water.―(1) All Indian ships and all ships upon
which seamen have been engaged shall have on board sufficient provisions and water of good quality
and fit for the use of the crew on the scale specified in the agreement with the crew.
(2) If any person making an inspection under section 176 finds the provisions or water to be of bad
quality and unfit for use or deficient in quantity, he shall signify it in writing to the master of the ship
and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.
(3) The master shall not use any provisions or water so signified to be of bad quality and shall in
lieu of such provisions or water, provide other proper provisions or water and he shall, if the provisions
or water be signified to be deficient in quantity, procure the requisite quantity of any provisions or water
to cover the deficiency.
(4) The person making the inspection shall enter a statement of the result of the inspection in the
official log book, and shall, if he is not the shipping master, send a report thereof to the shipping master
and that report shall be admissible in evidence in any legal proceeding.
(5) If the inspection was made in pursuance of a request by the members of the crew and the person
making the inspection certifies in the statement of the result of the inspection that the complaint was
false and either frivolous or vexatious, every member of the crew who made the request shall be liable
to forfeit to the owner out of his wages a sum not exceeding one week‟s wages.
(6) The master of the ship and any other person having charge of any provisions or water liable to
inspection under this section shall give the person making the inspection every reasonable facility for
the purpose.
1
[(7) The master of the ship or any person having charge over the ship shall maintain such standards,
in accordance with the provisions of the Maritime Labour Convention, for the quantity and quality of
food and drinking water, and the catering standards applicable to food provided to the seamen on ships,
as may be prescribed.
(8) The master of the ship or any person having charge over the ship shall undertake educational
activities to promote awareness and implementation of the standards referred to in sub-section (7).]
169. Allowances for short or bad provisions.―(1) In either of the following cases, that is to
say,―
(a) if during the voyage the allowance of any of the provisions for which a seaman has by his
agreement stipulated is reduced, or
(b) if it is shown that any of those provisions are or have during the voyage been bad in quality
or unfit for use,
the seaman shall receive by way of compensation for that reduction or bad quality according to the time
of its continuance, sums in accordance with such scale as may be prescribed, to be paid to him in
addition to, and to be recoverable as, wages.
(2) If it is shown to the satisfaction of the court before which the case is tried that any provisions,
the allowance of which has been reduced, could not be procured or supplied in proper quantities, and

that proper and equivalent substitutes were supplied in lieu thereof, the court shall take those
circumstances into consideration in making an order.
81
 170. Foreign going Indian ship to carry duly certificated cook.―(1) With effect from such date
as the Central Government may, by notification in the official Gazette, specify, every foreign-going
Indian ship of such tonnage as may be prescribed shall be provided with, and shall carry, a cook duly
certificated under this Act.
(2) The Central Government may make rules specifying the qualifications, experience or sea service
which may be required from persons who wish to obtain certificates of competency as cooks under this
Act, and the conditions under which any such certificate may be granted, cancelled or suspended.
171. Weights and measures on board.―The master of a ship shall keep on board proper weights
and measures for determining the quantities of the several provisions and articles served out and shall
allow the same to be used at the time of serving out the provisions and articles in the presence of
witnesses whenever any dispute arises about the quantities.
172. Beddings, towels, medicines, medical stores, etc., to be provided and kept on board
certain ships.―(1) The owner of every ship of over five hundred tons gross shall supply or cause, to
be supplied to every seaman for his personal use, bedding, towels, mess utensils and other articles
according, to such scale as may be prescribed; and different scales may be prescribed in respect of
different classes of ships.
(2) All foreign-going Indian ships and all home-trade ships of two hundred tons gross or more shall
have always on board a sufficient supply of medicines, medical stores, appliances and first aid
equipment suitable for diseases and accidents likely to occur on voyages according to such scale as may
be prescribed.
(3) It shall be the duty of the port health officer or such other person as the Central Government
may appoint in this behalf to inspect the medicines, medical stores and appliances with which a ship is
required to be provided.
173. Certain ships to carry medical officer.―1[(1) Every foreign-going ship carrying―
(a) more than the prescribed number of persons (including the crew), shall have on board as
part of her complement a medical officer possessing such qualifications; and
(b) less than the prescribed number of persons shall have such medical facilities,
as may be prescribed, in accordance with the provisions of the Maritime Labour Convention.]
(2) Nothing in this section shall apply to 2[a special trade passenger ship] or a pilgrim ship.
174. Expenses of medical attendance in case of illness.―(1) If the master of an Indian ship, or a
seaman or apprentice, receives any hurt or injury or suffers from any illness (not being a hurt, injury or
illness due to his own wilful act or default or to his own misbehaviour), resulting in his being discharged
or left behind at a place other than his proper return port, the expenses of providing the necessary
surgical kind medical advice, attendance and treatment and medicine, and also the expenses of the
maintenance of the master, seaman or apprentice until he is cured, or dies, or is brought back to the port
from which he was shipped or other port agreed upon after receiving the necessary medical treatment
and of his conveyance to that port, and, in case of death, the expenses, if any, of his burial or, cremation
shall be defrayed by the owner of the ship without any deduction on that account from his wages.
(2) If the master, seaman or apprentice is on account of any illness or injury temporarily removed
from his ship, at a port other than his proper return, port, for the purpose of preventing infection, or

otherwise for the convenience of the ship, and subsequently returns to his duty, the expenses of removal
and of providing the necessary surgical and medical advice, attendance and treatment and medicine and
of his maintenance while away from the ship, shall be defrayed in like manner.
(3) The expenses of all medicines, and surgical and medical advice, attendance and treatment, given
to a master, seaman or apprentice while on board his ship, shall be defrayed in like manner.

(4) In all other cases any reasonable expenses duly incurred by the owner for any master, seaman
82
or apprentice in respect of illness, shall, if proved to the satisfaction of the Indian consular officer or a
shipping master, be deducted from the wages of the master, seaman or apprentice.
(5) Where any expenses referred to in this section have been paid by the master, seaman or
apprentice himself, the same may be recovered as if they were wages duly earned, and, if any such
expenses are, paid by the Government, the amount shall be a charge upon the ship and may be recovered
with full costs of suit by the Central Government.
175. Accommodation for seaman.―(1) The Central Government may, subject to the condition of
previous publication, make rules with respect to the crew accommodation to be provided in ships of any
class specified in the rules.
(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 minimum space for each person which must be provided in any ship to which the rules
apply by way of sleeping accommodation for seamen and apprentices and the maximum number of
persons by whom any specified part of such sleeping accommodation may be used;
(b) the position in any such ship in which the crew accommodation or any part thereof may be
located and the standards to be observed in the construction, equipment and furnishing of any such
accommodation;
(c) the submission to such authority as may be specified in this behalf of plans and
specifications of any works proposed to be carried out for the provision or alteration of any such
accommodation and the authorisation of that authority to inspect any such works.
(d) the maintenance and repair of any such accommodation and the prohibition or restriction of
the use of any such accommodation for purposes other than those for which it is designed;
(e) the manner as to how ships registered or under construction at the commencement of any
rules made under this section may be dealt with after such commencement;
1
[(f) the fees that may be levied for the survey or inspection of crew spaces and for scrutiny of
plans of crew accommodation spaces and the manner in which such fees may be collected.]
and such rules may make different provisions in respect of different classes of ships and in respect of
crew accommodation provided for different classes of persons.
(3) If any person making an inspection under section 176 finds that the crew accommodation is in
sanitary or is not in accordance with the provisions of this Act, he shall signify it in writing to the master
of the ship and may, if he thinks fit, detain the ship until the defects are remedied to his satisfaction.
Explanation.―In this section, the expression “crew accommodation” includes sleeping rooms,
mess rooms, sanitary accommodation, hospital accommodation, recreation accommodation, store
rooms and catering accommodation provided for the use of seamen and apprentices, not being
accommodation which is also used by, or provided for the use of passengers.
176. Inspection by shipping master, etc., of provisions, water, weights and measures and
accommodation.―A shipping master, surveyor, seamen's welfare officer, port health officer, Indian

consular officer or any other officer at any port duly authorised in this behalf by the Central
Government―
(a) in the case of any ship upon which seamen have been shipped at that port, may at any
time, and
(b) in the case of any Indian ship, may at any time, and if the master or three or more of the
crew so request, shall,
enter on board the ship and inspect—
(i) the provisions and water,

83
 (ii) the weights and measures,
(iii) the accommodation for seamen,
with which the ship is required to be provided by or under this Act and also the space and equipment
used for the storage and handling of food and water and the galley and other equipment used for the
preparation and service of meals.
1
[176A. Ships to possess Maritime Labour Certificate and Declaration of Maritime Labour
Compliance.―(1) All ships of five hundred tons gross or more and engaged in international voyage or
operating from a port, or between ports, in another country, shall possess a Maritime Labour Certificate
and a Declaration of Maritime Labour Compliance.
(2) Ships not covered under sub-section (1) shall, unless, exempted by the Central Government,
possess such certificate in such manner and form, as may be prescribed.
(3) The shipping master, surveyor, seamen's welfare officer, port health officer, Indian consular
officer, or any other officer at any port duly authorised in this behalf by the Central Government, may
inspect any ship, in such manner as may be prescribed, and the master of the ship or any person having
charge over the ship shall make available to such inspecting officer, the Maritime Labour Certificate
and the Declaration of Maritime Labour Compliance.]
177. Inspection by master of provisions, water and accommodation at sea.―The master of an
Indian ship which is at sea shall, at least once in every ten days, cause an inspection to be made of the
provisions and water provided for the use of the seamen and apprentices and the crew accomodation,
for the purpose of ascertaining whether the same are being maintained in accordance with the
requirements of this Act, and the person making the inspection shall enter a statement of the result of
the inspection in a book specially kept for the purpose.
2
[177A. Power to make rules to prevent accidents, etc.―(1) The Central Government may,
having regard to the provisions of the Convention concerning the Prevention of Occupational Accidents
to Seafarers adopted by the General Conference of the International Labour Organisation on the 30th
day of October, 1970, make rules so as to ensure safe working conditions for Indian ships and for
preventing accidents and different rules may be made for different classes of ships and for ships of the
same class in different circumstances.
(2) In particular and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:―

(a) the manner in which any equipment or gear may be maintained, inspected or tested and
conditions as to such maintenance, inspection and testing;

(b) the manner in which the use of any material or process shall be regulated for the
manufacture of any such equipment or gear;

(c) the provision of safe means of access to such equipment or gear for the use of seamen and
provision of protective clothing for seamen where necessary;

(d) restriction on the hours of employment of seamen in any specified operation or under any
specified circumstances; and
(e) the manner and form in which and the persons to whom any accident occurring on board a
ship shall be reported.]
Special provisions for the protection of seamen in respect of litigation
178. Meaning of serving seaman.―A seaman shall, for the purposes of these provisions, be
deemed to be a serving seaman during any period commencing on the date of the agreement with the
crew and ending thirty days after the date on which the seaman is finally discharged from such
agreement.

84
 179. Particulars to be furnished in plaints, etc.―(1) If any person presenting any plaint,
application or appeal to any Court has reason to believe that any adverse party is a serving seaman, he
shall make a statement accordingly in the plaint, application or appeal.

(2) If any collector has reason to believe that any seaman who ordinarily resides or has property in
his district and who is a party to any proceedings pending before any Court is unable to appear therein
or is a serving seaman, the collector may certify the facts to the Court.

180. Notice to be given in case of unrepresented seaman.―(1) If a collector has certified under
sub-section (2) of section 179, or if a Court has reason to believe that a seaman who is a party to any
proceeding before the Court, is unable to appear therein or is a serving seaman, the Court shall suspend
the proceeding and shall give notice thereof to the shipping master:

Provided that the Court may refrain from suspending the proceeding and giving the notice—

(a) if the proceeding is one instituted or made by the seaman, alone or conjointly with others,
with the object of enforcing a right of pre-emption, or

(b) if the interests of the seaman in the proceeding are, in the opinion of the Court, either
identical with those of any other party thereto and adequately represented by such other party, or
merely of a formal nature.

(2) If it appears to the Court before which any proceeding is pending that a seaman though not a
party to the proceeding is materially concerned in the outcome of the proceeding and that his interests
are likely to be prejudiced by his inability to attend, the Court may suspend the proceeding and shall
give notice thereof to the shipping master.

(3) If on receipt of a notice under sub-section (1) or sub-section (2), the shipping master certifies to
the Court, that the seaman is a serving seaman, the Court shall thereupon postpone the proceeding in
respect of the seaman for such period as it thinks fit:

Provided that if by reason of the continued absence of the seaman the question of any further
postponement of the proceeding in respect of the seaman arises, the court shall in deciding the question
have regard to the purposes of the provisions of this Act conferring special protection on seaman in
respect of litigation.

85
 (4) If the shipping master either certifies that the seaman is not for the time being a serving seaman
or fails within two months from the date of the receipt of the notice under sub-section (1) or sub-section
(2) as the case may be, to certify that the seaman is a serving seaman, the Court may, if it thinks fit,
continue the proceeding.
181. Power to set aside decrees and orders passed against serving seaman.―(1) Where in any
proceeding before a court, a decree or order has been passed against any seaman while he was a serving
seaman, the seaman, or if he dies while he is a serving seaman, his legal representative, may apply to
the said court to have the decree or order set aside, and if the court after giving an opportunity to the
opposite party of being heard, is satisfied that the interests of justice require that the decree or order
should be set aside as against the seaman, the court, shall subject to such conditions, if any, as it thinks
fit to impose, make an order accordingly, and may, if it appears that any opposite party in the proceeding
has failed to comply with the provisions of sub-section (1) of section 179, award, subject to such
conditions as it thinks fit to impose, damages against such opposite party.
(2) The period of limitation for an application under sub-section (1) shall be sixty days from the
date on which the seaman first ceases to be a serving seaman after the passing of the decree or order, or
where the summons or notice was not duly served on the seaman in the proceeding in which the decree
or order was passed, from the date on which the applicant had knowledge of the decree or order,
whichever is later; and the provisions of section 5 of the Indian Limitation Act, 1908 (9 of
1908), shall apply to such applications.
(3) Where the decree or order in respect of which an application under sub-section (1) is made is of
such a nature that it cannot be set aside as against the seaman only, it may be set aside as against all or
any of the parties against whom it was made.
(4) Where a court sets aside a decree or order under this section, it shall appoint a day for
proceeding with the suit, appeal or application, as the case may be, in respect of which the decree or
order was passed.
182. Modification of law of limitation where seaman is a party.―In computing the period of
limitation provided in the foregoing provisions or in the Indian Limitation Act, 1908 (9 of 1908), or in
any other law for the time being in force, for any suit, appeal or application to a court to which a seaman
is a party, the period or periods during which the seaman has been a serving seaman, and if the seaman
has died while he was a serving seaman, the period from the date of his death to the date on which his
next-of-kin was first informed, by the shipping master or otherwise, of his death, shall be excluded:
Provided that this section shall not apply in the case of any suit, appeal or application instituted or
made with the object of enforcing a right of pre-emption except in such areas and in such circumstances
as the Central Government may, by notification in the Official Gazette, specify in this behalf.
183. Reference in matters of doubt to shipping masters.―If any court is in doubt whether, for
the purposes of section 180 or section 181, a seaman is or was at any particular time or during any
particular period a serving seaman, it may refer the question to the shipping master, and the certificate
of the shipping master shall be conclusive evidence on the question.
Provisions for the protection of seamen in respect of other matters
184. Facilities for making complaints.―If a seaman or apprentice states to the master that he
desires to make a complaint to 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, as
the case may be] or other proper officer against the master or any of the crew, the master shall,―
(a) if the ship is then at a place where there is 1[a Judicial Magistrate of the first class or a
Metropolitan Magistrate, as the case may be,] or other proper officer, as soon after such statement
as the service of the ship will permit, and

if the ship is not then at such place, as soon after her first arrival at such place as the service of the ship will
permit.
allow the complainant to go ashore or send him ashore under proper protection so that he may be
enabled to make the complaint.

86
 185. Assignment or sale of salvage invalid.―Subject to the provisions of this Act, an assignment
of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person
making the same, and a power-of-attorney or authority for the receipt of any such salvage shall not be
irrevocable.
186. No debt recoverable till end of voyage.―A debt incurred by any seaman after he has to serve
shall not be recoverable until the service agreed for is concluded.
187. Seamen’s property not to be detained.―(1) Any person who receives or takes into his
possession or under his control any money or other property of a seaman or apprentice shall return the
same or pay the value thereof when required by the seaman or apprentice subject to deduction of such
amounts as may be justly due to him from the seaman or apprentice in respect of board or lodging or
otherwise.
(2) Where 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate as the case may be,]
imposes a fine for a contravention of this section, he may direct the amount of such money or the value
of the property subject to such deduction as aforesaid, if any, or the property itself to be forthwith paid
or delivered to the seaman or apprentice.
188. Prohibition against solicitation by lodging house keepers.―No person shall, while a ship
is at any port or place in India—
(a) solicit a seaman or apprentice to become a lodger at the house of any person letting lodgings
for hire; or
(b) take out of the ship any property of the seaman or apprentice except under the direction of
the seaman or apprentice and with the permission of the master.
189. Ship not to be boarded without permission before seamen leave.―Where a ship has
arrived at a port or place in India at the end of a voyage and any person, not being in the service of the
Government or not being duly authorised by law for the purpose, goes on board the ship without the
permission of the master before the seamen lawfully leave the ship at the end of their engagement or
are discharged (whichever happens last), the master of the ship may take such person into custody and
deliver him up forthwith to a police officer to be taken before 1[a Judicial Magistrate of the first class
or a Metropolitan Magistrate as the case may be,] to be dealt with according to the provisions of this
Act.
Provisions as to discipline
190. Misconduct endangering life or ship.―No master, seaman, or apprentice belonging to an
Indian ship, wherever it may be, or to any other ship, while in India, shall knowingly—
(a) do anything tending to the immediate loss or destruction of, or serious damage to, the ship,
or tending immediately to endanger the life of, or to cause injury to any person belonging to or on
board the ship; or

(b) refuse or omit to do any lawful act proper and requisite to be done by him for preserving
the ship from immediate loss, destruction or serious damage, or for preserving any person belonging
to or on board the ship from danger to life or from injury.

1. Subs. by Act 12 of 1983, s. 17 and the Schedule, for “a magistrate” (w.e.f. 18-5-1983).

87
 191. Desertion and absence without leave.―(1) No seaman lawfully engaged and no
apprentice—
(a) shall desert his ship; or
(b) shall neglect or refuse, without reasonable cause, to join the ship or to proceed to sea in his
ship or be absent without leave at any time within twenty-four hours of the ship's sailing from a port
either at the commencement or during the progress of a voyage, or be absent at any time without
leave and without sufficient reason from his ship or from his duty.
(2) For the purposes of sub-section (1), the fact that the ship, on which the seaman or apprentice is
engaged or to which he belongs is unseaworthy shall be deemed to be a reasonable cause:
Provided that the seaman or apprentice has, before failing or refusing to join his ship or to proceed
to sea in his ship or before absenting himself or being absent from the ship, as the case may be,
complained to the master or a shipping master, surveyor, seamen‟s welfare officer, port health officer,
Indian consular officer or any other officer at any port duly authorised in this behalf by the Central
Government, that the ship is unseaworthy.
192. Power to suspend deserter's certificate of discharge.―If it is shown to the satisfaction of a
proper officer that a seaman has deserted his ship or has absented himself without leave and without
sufficient reason from his ship or from his duty, the proper officers hall forthwith make a report to that
effect to the Director-General who may thereupon direct that the seaman's certificate of discharge or
continuous certificate of discharge shall be with held for such period as may be specified in the direction.
193. Conveyance of deserter or imprisoned seaman on board ship.―(1) If a seaman or
apprentice deserts his ship or is absent without leave and without sufficient reason from his ship or from
his duty, the master, any mate, the owner or agent of the owner of the ship may, without prejudice to
any other action that may be taken against the seaman or apprentice under this Act, convey him on
board his ship and may for that purpose cause to be used such force as may be reasonable in the
circumstances of the case.
(2) If, either at the commencement or during the progress of any voyage, a seaman or apprentice
engaged in an Indian ship commits outside India, the offence of desertion or absence without leave or
any offence against discipline, the master, any mate, the owner or agent of the owner may, if and so far
as the laws in force in the place will permit, arrest him without first procuring a warrant.
(3) No person shall convey on board or arrest a seaman or apprentice on improper or insufficient
grounds.
(4) Where a seaman or apprentice is brought before a court on the ground of desertion or of absence
without leave or of any offence against discipline, and the master or the owner, or his agent, so requires,
the court, may, in lieu of committing and sentencing him for the offence, cause him to be conveyed on
board his ship for the purpose of proceeding on the voyage, or deliver him to the master or any mate of
the ship or the owner or his agent, to be by them so conveyed, and may in such case order any costs and
expenses properly incurred by or on be half of the master or owner by reason of the conveyance to be
paid by the offender and, if necessary, to be deducted from any wages which he has then earned or by
virtue of his then existing engagements may afterwards be earned.
194. General offences against discipline.―A seaman lawfully engaged or an apprentice shall be
guilty of an offence against discipline if he commits any of the following acts, namely:―
(a) if he quits the ship without leave after her arrival at her port of delivery and before she is
placed in security;
(b) if he is guilty of wilful disobedience to any lawful command or neglect of duty;
(c) if he is guilty of continued wilful disobedience to lawful commands or continued wilful
neglect of duty;

88
 (d) if he assaults the master or any other 1[officer of or a seaman or an apprentice belonging
to, the ship];
(e) if he combines with any of the crew to disobey lawful commands or to neglect duty or to
impede the navigation of the ship or retard the progress of the voyage;
(f) if he willfully damages his ship or commits criminal misappropriation or breach of trust in
respect of, or willfully damages any of, her stores or cargo.
195. Smuggling of goods by seamen or apprentices.―(1) If a seaman lawfully engaged or an
apprentice is convicted of an offence of smuggling any goods whereby loss or damage is occasioned to
the master or owner of the ship, he shall be liable to pay to that master or owner a sum sufficient to
reimburse the loss or damage and the whole or a part of his wages may he retained in satisfaction on
account of that liability without prejudice to any other remedy.
(2) If a seaman lawfully engaged is convicted of an offence of smuggling opium, hemp or any other
narcotic drug or narcotic, the Director-General may direct that the seaman's certificate of discharge or
continuous certificate of discharge shall be cancelled or shall be suspended for such period as may be
specified in the direction.
196. Entry of offences in official logs.―If any offence within the meaning of this Act of desertion
or absence without leave or against discipline is committed, or if any act of misconduct is committed
for which the offender's agreement imposes a fine, and it is intended to enforce the fine,—
(a) an entry of the offence or act shall be made in the official log book and signed by the master,
the mate and one of the crew; and
(b) the offender, if still in the ship, shall, before the next subsequent arrival of the ship at any, port,
or, if she is at the time in port, before her departure therefrom, be furnished with a copy of the entry and
have the same read over distinctly and audibly to him and may thereupon make such reply thereto as he
thinks fit; and
(c) a statement of a copy of the entry having been so furnished and the entry having been so read
over and the reply, if any, made by the offender shall likewise be entered and signed in manner
aforesaid; and
(d) in any subsequent legal proceedings the entries by this section required shall, if practicable, be
produced or proved, and, in default of such production or proof, the court hearing the case may in its
discretion, refuse to receive evidence of the offence or act of misconduct.
197. Report of desertions and absence without leave.―Whenever any seaman engaged outside
India on an Indian ship deserts or otherwise absents himself in India without leave, the master of the
ship shall, within forty-eight hours of discovering such desertion or absence, report the same to the
shipping master or to such other officer as the Central Government specifies in this behalf, unless in the
meantime, the deserter or absentee returns.
198. Entries and certificates of desertion abroad.―(1) In every case of desertion from an Indian
ship whilst such ship is at any place out of India, the master shall produce the entry of desertion in the
official log book to the Indian consular officer at the place, and that officer shall thereupon, make and
certify a copy of the entry.
(2) The master shall forthwith transmit such copy to the shipping master at the port at which the
seaman or apprentice was shipped, and the shipping master shall, if required, cause the same to be
produced in any legal proceeding.
(3) Such copy, if purporting to be so made and certified as aforesaid, shall, in any legal proceeding
relating to such desertion, be admissible in evidence.

Facilities for proving desertion in proceedings for forfeiture of wages.―(1) Whenever a question arises
whether the wages of any seaman or apprentice are forfeited for desertion from a ship, it shall be sufficient
for the person insisting on the forfeiture to show that the seaman or apprentice was duly engaged in or
89
belonged to the ship, and either that he left the ship before the completion of the voyage or engagement or,
if the voyage was to terminate in India and the ship has not returned, that he is absent from her and that an
entry of his desertion has been duly made in the official log book.
(2) The desertion shall thereupon, so far as relates to any forfeiture of wages under this Part, be
deemed to be proved, unless the seaman or apprentice can produce a proper certificate of discharge or
can otherwise show to the satisfaction of the court that he had sufficient reasons for leaving his ship.

199. Application of forfeiture.―(1) Where any wages or other property are under this Act
forfeited for desertion from a ship, they shall be applied towards reimbursing the expenses caused by
the desertion to the master or the owner of the ship, and subject to that reimbursement, shall be paid to
the Central Government.
(2) For the purposes of such reimbursement the master or the owner or his agent may, if the wages
are earned subsequent to the desertion, recover them in the same manner as the deserter could have
recovered them if not forfeited; and the court in any legal proceeding relating to such wages may order
them to be paid accordingly.
200. Decision of questions of forfeiture and deduction in suits for wages.―Any question
concerning the forfeiture of or deductions from the wages of a seaman or apprentice may be determined
in any proceeding lawfully instituted with respect to those wages, notwithstanding that the offence in
respect of which the question arises, though by this Act made punishable by imprisonment as well as
forfeiture, has not been made the subject of any criminal proceeding.
201. Payment of fines imposed under agreement to shipping master.―(1) Every fine imposed
on a seaman for any act of misconduct under this agreement shall be deducted and paid over as follows,
namely:―
(a) if the offender is discharged at any port or place in India and the offence and such entries in
respect thereof as aforesaid are proved to the satisfaction of the shipping master before whom the
offender is discharged, the master or owner shall deduct such fine from the wages of the offender
and pay the same over to such shipping master; and
(b) if the seaman is discharged at any port or place outside India and the offence and such
entries as aforesaid are proved to the satisfaction of the Indian consular officer, by whose sanction
he is so discharged, the fine shall thereupon be deducted as aforesaid, and an entry of such deduction
shall then be made in the official log book, if any, and signed by such officer and on the return of
the ship to India, the master or owner shall pay over such fine to the shipping master before whom
the crew is discharged.
(2) An act of misconduct for which any such fine has been inflicted and paid shall not be otherwise
punishable under the provisions of this Act.
(3) The proceeds of all fines received by a shiping master under this section shall be utilised for the
welfare of seamen in such manner as the Central Government may direct.
202. Seaman or apprentice not to be enticed to desert.―No person shall by any means whatever
persuade or attempt to persuade a seaman or apprentice to neglect or refuse to join or proceed to sea in
or desert from his ship, or otherwise to absent himself from his duty.
203. Deserters not to be harboured.―No person shall harbour or secrete a seaman or, apprentice
who has wilfully neglected or refused to join or has deserted from his ship, knowing or having reason
to believe the seaman or apprentice to have so done.

90
 1
[Provided that the provisions of this section shall not extend to the case in which the harbour or
secreting is by the spouse of the seaman or apprentice.]
204. Stowaways and seamen carried under compulsion.―(1) No person shall secrete himself
and go to sea in a ship without the consent of either the owner, agent or master or of a mate, or of the
person in charge of the ship or of any other person entitled to give that consent.
(2) Every seafaring person to whom the master of a ship, is under the authority of this Act or any
other law compelled to take on board and convey and every person who goes to sea in a ship without
such consent as aforesaid, shall, so long as he remains in the ship, be subject to the same laws and
regulations for preserving discipline and to the same fines and punishments for offences constituting or
tending to a breach of discipline as if he were a member of, and has signed the agreement with, the
crew.
(3) The master of any Indian ship arriving at any port or place in or outside India and the master of
any ship other than an Indian ship arriving at any port or place in India shall, if any person has gone to
sea on that ship without the consent referred to in sub-section (1), report the fact in writing to the proper
officer as soon as may be after the arrival of the ship.
205. Procedure where seaman not shipped in India is imprisoned on complaint of master or
owner.―If any seaman engaged outside India is imprisoned on complaint made by or on behalf of the
master or owner of the ship or for any offence for which he has been sentenced to imprisonment for a
term not exceeding one month, then—
(a) while such imprisonment lasts, no person shall, without the previous sanction in writing of
the Central Government or of such officer as it may specify in this behalf, engage in India any
person to serve as a substitute for such seaman on board the ship; and
(b) the Central Government or such officer as it may specify in this behalf may tender such
seaman to the master or owner of the ship in which he is engaged to serve, and if such master or
owner, without assigning reasons satisfactory to the Central Government or to such officer as
aforesaid, refuses to receive him on board, may require such master or owner to deposit in the local
shipping office—
(i) the wages due to such seaman and his money and other property, and
(ii) such sum as may, in the opinion of the Central Government or such officer as aforesaid,
be sufficient to defray the cost of the passage of such seaman to the port at which he was shipped
according to the scale of costs usual in the case of distressed seamen.
206. Power to send on board seaman not shipped in India who is undergoing
imprisonment.―If any seaman engaged outside India is imprisoned for any offence for which he has
been sentenced to imprisonment for a term not exceeding three months, and if, during such
imprisonment and before his engagement is at an end, his services are required on board his ship, any
magistrate may, at the request of the master or owner or his agent, cause the seaman to be conveyed on
board the ship for the purpose of proceeding on the voyage or to be delivered to the master or any mate
of the ship or to the owner or his agent to be by them so conveyed, notwithstanding that the period for
which he was sentenced to imprisonment has not terminated.
207. On change of master, documents to be handed over to successor.―(1) If during the
progress of a voyage the master of any Indian ship is removed or superseded or for any other reason
quits the ship and is succeeded in the command by some other person, he shall deliver to his successor
the various documents relating to the navigation of the ship and the crew thereof which are in his
custody.

(2) Such successor shall immediately on assuming the command of the ship enter in the official
log book a list of the documents so delivered to him.
208. Transmission of documents on transfer of seaman from one ship to another.―Where a
seaman is transferred under his agreement from one ship to another, the master of the ship from which
the seaman is transferred shall, as soon as practicable, transmit to the master of the other ship all
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documents in his possession relating to the seaman.
209. Leaving behind in India of seaman or apprentice engaged abroad.―(1) The master of a
ship shall not discharge at any place in India, a seaman or apprentice engaged outside India unless he
previously obtains the sanction in writing of such officer as the Central Government appoints in this
behalf; but such sanction shall not be refused when the seaman or apprentice is discharged on the
termination of his service.
(2) Subject to the provisions contained in sub-section (1), the sanction under that sub-section shall
be given or withheld at the discretion of the officer so appointed, but whenever it is withheld, the reasons
for so withholding it shall be recorded by him.
210. Deserters from foreign ships.―(1) Where it appears to the Central Government that due
facilities are or will be given by the Government of any country outside India for recovering and
apprehending seamen who desert from Indian ships in that country, the Central Government may, by
notification in the Official Gazette, stating that such facilities are or will be given, declare that this
section shall apply to seamen belonging to ships of such country, subject to such limitations or
conditions as may be specified in the notification.
(2) Where this section applies to seamen belonging to ships of any country and a seaman deserts
from any such ship, when within India, any court that would have had cognizance of the matter if the
seaman or apprentice had deserted from an Indian ship shall, on the application of a consular officer of
that country, aid in apprehending the deserter and for that purpose may, on information given on oath,
issue a warrant for his apprehension and on proof of the desertion order him to be conveyed on board
his ship of delivered to the master or mate of his ship or to the owner of the ship or his agent to be so
conveyed and any such warrant or order may be executed accordingly.
Official logs
211. Official logs to be kept and to be dated.―(1) An official log shall be kept in the prescribed
form in every Indian ship except a home-trade ship of less than two hundred tons gross.
(2) The official log may, at the discretion of the master or owner, be kept distinct from or united
with the ordinary ship‟s log so that in all cases the spaces in the official long book be duly filled up.
212. Entries in official log books how and when to be made.―(1) An entry required by this Act
in the official log book shall be made as soon as possible after the occurrence to which it relates, and,
if not made on the same day as that occurrence, shall be made and dated so as to show the date of the
occurrence and of the entry respecting it and if made in respect of an occurrence happening before the
arrival of the ship at her final port of discharge, shall not be made more than twenty-four hours after
that arrival.
(2) Save as otherwise provided in this Act, every entry in the official log book shall be signed by
the master and by the mate or some other member of the crew and also—
(a) if it is an entry of injury or death, shall be signed by the medical officer on board, if any;
(b) if it is an entry of wages due to or the property of a seaman or apprentice who dies, shall
be signed by the mate and by some member of the crew besides the master.
(3) Every entry made in an official log books, in the manner provided by this Act shall be
admissible in evidenced.

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 213. Entries required to be made in official log books.―(1) The master of a ship for which an
official log is required shall enter or cause to be entered in the official log book the following matters
namely:―
(a) every conviction by a legal tribunal of a member of his crew and the punishment inflicted;
(b) every offence committed by a member of his crew for which it is intended to prosecute or
to enforce a forfeiture or exact a fine, together with such statement concerning the reading over of
that entry and concerning the reply (if any) made to the charge as is by this Act required;
(c) every offence for which punishment is inflicted on board and the punishment inflicted;
(d) a report on the quality of work of each member of his crew, or a statement that the master
declines to give an opinion thereon with statement of his reasons for so declining;
(e) every case of illness, hurt or injury happening to a member of the crew with the nature
thereof and the medical treatment adopted (if any);
(f) every case of death happening on board and the cause thereof, together with such
particulars; as may be prescribed;
(g) every birth happening on board, with the sex of the infant, the names of the parents and
such other particulars as may be prescribed;
(h) every marriage faking place on board with the names and ages of the parties;
(i) the name of every seaman or apprentice who ceases to be a member of the crew otherwise
than by death, with the place, time, manner and cause thereof;
(j) the wages due to any seaman or apprentice who dies during the voyage and the gross amount
of all deductions to be made therefrom;
(k) the money or other property taken over of any seaman or apprentice who dies during the
voyage;
(l) any other matter which is to be or may be prescribed for entry in the official log.
(2) The master of every such ship, upon its arrival at any port in India or at such other time and
place as the Central Government may with respect to any ship or class of ships direct, shall deliver or
transmit, in such form as the Director-General may specify, a return of the facts recorded by him in
respect of the birth of a child, or the death of a person on board the ship to the Director-General.
(3) (a) The Director-General shall send a certified copy of such of the returns received by him under
sub-section (2) as relate to citizens of India, to such officer as may be specified in this behalf by the
Central Government; and such officer shall cause the same to be preserved in such manner as may be
specified in this behalf by the Central Government. .
(b) Every such copy shall be deemed to be a certified copy of the entry with respect to the person
concerned, registered under any law in force for the time being relating to the registration of births and
deaths.
214. Offences in respect of official logs.―(1) An official log book shall be kept in the manner
required by this Act, and an entry directed by this Act to be made therein shall be made at the time and
in the manner directed by this Act.
(2) No person shall make or procure to be made or assist in making any entry in any official log
book in respect of any occurrence happening previously to the arrival of the ship at her final port of
discharge more than twenty-four hours after such arrival.

93
 215. Delivery of official logs to shipping masters.―The master of every ship for which an official
log book is required to be kept under this Act shall, within forty-eight hours after the ships's arrival at
her final port of destination in India or upon the discharge of the crew, whichever first happens, deliver
the official log book of the voyage to the shipping master before whom the crew is discharged.
216. Official logs to be sent to shipping master in case of transfer of ship or loss.―(1) If for
any reason the official log ceases to be required in respect of an Indian ship, the master or owner of the
ship shall, if the ship is then in India within one month, and if she is elsewhere within six months, after
the cessation, deliver or transmit to the shipping master at the port to which the ship belonged the official
log book duly completed up to the time of cessation.
(2) If a ship is lost or abandoned, the master or owner thereof shall, if practicable and as soon as
possible, deliver or transmit to the shipping master at her port of registry the official log book, duly
completed up to the time of the loss or abandonment.
National Welfare Board for Seafarers
217. Functions of National Welfare Board for Seafarers.―(1) The Central Government may,
by notification in the Official Gazette, constitute an advisory board to be called the National Welfare
Board for Seafarers (hereinafter referred to as the Board) for the purpose of advising the Central
Government on the measures to be taken for promoting the welfare of seamen (whether ashore or on
boardship) generally and in particular the following:—
(a) the establishment of hostels or boarding and lodging houses for seamen;
(b) the establishment of clubs, canteens, libraries and other like amenities for the benefit of
seamen;
(c) the establishment of hospitals for seamen or the provision of medical treatment, for
seamen;
(d) the provision of educational and other facilities for seamen.
(2) The Central Government may make rules providing for—
(a) the composition of the Board and the term of office of members thereof;
(b) the procedure to be followed in the conduct of business by the Board
(c) the travelling and other allowances payable to members of the Board;
(d) the levy of fees payable by owners of ships at such rates as may be prescribed (which may
be at different rates for different classes of ships) for the purpose of providing amenities to seamen
and for taking other measures for the welfare of seamen;
(e) the procedure by which any such fees may be collected or recovered and the manner in
which the proceeds of such fees, after deduction of the cost of collection, shall be utilised for the
purpose specified in clause (d).
1
[218A. Power to make rules for purposes of Maritime Labour Convention.―(1) The Central
Government may, having regard to the provisions of the Maritime Labour Convention, and in
consultation with such organisations in India as the Central Government may, by order, notify to be the
most representative of the employers of seamen and of seamen, make rules for carrying out the purposes
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:―
(i) the hours of work and rest in a week under clause (cc) of sub-section (2) of section 101;

the entitlement for leave under clause (ff) of sub-section (2) of section 101;

(ii) the period of night work under clause (b) of sub-section (2) of section 109;
(iii) standards for the quantity and quality of food and drinking water, including the catering
94
 standards that apply to food provided to the seamen on ships, under sub-section (7) of section 168;
(iv) the qualifications of medical officer under clause (a) and the medical facilities under clause
(b) of sub-section (1) of section 173;
(v) the manner and form of certificate to be provided to ships under sub-section (2) of section
176A;
(vi) the manner of conducting inspection in a ship to verify possession of the Maritime Labour
Certificate and the Declaration of Maritime Labour Compliance under sub-section (3) of section
176A;
(vii) any other matter which may be or is to be prescribed relating to the Maritime Labour
Convention.]

Investigation and inquiries. Section 357 to 389

PART XII: INVESTIGATIONS AND
INQUIRIES

357. Definition of “coasts”.―In this Part, the word “coasts” includes the coasts of creeks and tidal
rivers.
358. Shipping casualties and report thereof.―(1) For the purpose of investigations and inquiries
under this Part, a shipping casualty shall be deemed to occur when―
(a) on or near the coasts of India, any ship is lost, abandoned, stranded or materially damaged;
(b) on or near the coasts of India, any ship causes loss or material damage to any other ship;
(c) any loss of life ensues by reason of any casualty happening to or on board any ship on or
near the coasts of India;
(d) in any place, any such loss, abandonment, stranding, material damage or casualty as above
mentioned occurs to or on board any Indian ship, and any competent witness thereof is found in
India;
(e) any Indian ship is lost or is supposed to have been lost, and any evidence is obtainable in
India as to the circumstances under which she proceeded to sea or was last heard of.
(2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the master, pilot, harbour
master or other person in charge of the ship, or (where two ships are concerned) in charge of each ship
at the time of the shipping casualty, and
in the cases mentioned in clause (d) of sub-section (1), where the master of the ship concerned or (except
in the case of a loss) where the ship concerned proceeds to any place in India from the place where the
shipping casualty has occurred, the master of the ship,

95
shall, on arriving in India, give immediate notice of the shipping casualty to the officer appointed in
this behalf by the Central Government.
359. Report of shipping casualties to Central Government.―(1) Whenever any such officer as
is referred to in sub-section (2) of section 358 receives credible information that a shipping casualty has
occurred, he shall forthwith report in writing the information to the Central Government; and may
proceed to make a preliminary inquiry into the casualty.
(2) An officer making a preliminary inquiry under sub-section (1) shall send a report thereof to the
Central Government or such other authority as may be appointed by it in this behalf.
360. Application to court for formal investigation.―The officer appointed under sub-section
(1) of section 358, whether he has made a preliminary inquiry or not, may, and, where the Central
Government so directs, shall make an application to a court empowered under section 361, requesting
it to make a formal investigation into any shipping casualty, and the court shall thereupon make such
investigation.
361. Court empowered to make formal investigation.―1[A Judicial Magistrate of the first
class] specially empowered in this behalf by the Central Government and a 2[Metropolitan Magistrate]
shall have jurisdiction to make formal investigation into shipping casualties under this Part.
362. Power of court of investigation to inquire into charges against master, mates and
engineers.―(1) Any court making a formal investigation into a shipping casualty may inquire into any
charge of in competency or misconduct arising, in the course of the investigation, against any master,
mate or engineer, as well as into any charge of a wrongful act or default on his part causing the shipping
casualty.
(2) In every case in which any such charge, whether of in competency or misconduct, or of a
wrongful act or default, as aforesaid, arises against any master, mate or engineer, in the course of an
investigation, the court shall, before the commencement of the inquiry, cause to be furnished to him a
statement of the case upon which the inquiry has been directed.
363. Power of Central Government to direct inquiry into charges of in competency or
misconduct.―(1) If the Central Government has reason to believe that there are grounds for charging
any master, mate or engineer with in competency or misconduct, otherwise than in the course of a
formal investigation into a shipping casualty, the Central Government,―
(a) if the master, mate or engineer holds a certificate under this Act, in any case;
(b) if the master, mate or engineer holds a certificate under the law of any country outside India,
in any case where the in competency or misconduct has occurred on board an Indian ship;
may transmit a statement of the case to any court having jurisdiction under section 361, which is at or
nearest to the place where it may be convenient for the parties and witnesses to attend, and may direct
that court to make an inquiry into that charge.
(2) Before commencing the inquiry, the court shall cause the master, mate or engineer so charged
to be furnished with a copy of the statement transmitted by the Central Government.
364. Opportunity to be given to person to make defence.―For the purpose of any inquiry under
this Part into any charge against a master, mate or engineer, the court may summon him to appear, and
shall give him an opportunity of making a defence either in person or otherwise.
365. Power of court as to evidence and regulation of proceedings.―3[(1)] For the purpose of
any investigation or inquiry under this Part, the court making the investigation or inquiry shall in respect
of compelling the attendance and examination of witnesses and the production of documents

and the regulation of the proceedings, have the same powers as are exercisable by that court in the
exercise of its criminal jurisdiction.
1
[(2) Subject to any rules made in this behalf by the Central Government, the court making an
investigation or inquiry under this Part may, if it thinks fit, order the payment, on the part of that
96
Government, of the reasonable expenses of any witness attending for the purposes of such investigation
or inquiry before such court.]
366. Assessors.―(1) A court making a formal investigation shall constitute as its assessors not less
than two and not more than four persons, of whom one shall be a person conversant with maritime
affairs and the other or others shall be conversant with either maritime or mercantile affairs:
Provided that, where the investigation involves, or appears likely to involve, any question as to the
cancellation or suspension of the certificate of a master, mate or engineer, two of the assessors shall be
persons having also experience in the merchant service.
(2) The assessors shall attend during the investigation and deliver their opinions in writing, to be
recorded on the proceedings, but the exercise of all powers conferred on the court by this Part or any
other law for the time being in force shall rest with the court.
(3) The assessors shall be chosen from a list to be prepared from time to time by the Central
Government.
367. Power to arrest witnesses and enter ships.―If any court making an investigation or inquiry
under this Part thinks it necessary for obtaining evidence that any person should be arrested, it may
issue a warrant for his arrest, and may, for the purpose of effecting the arrest, authorise any officer,
subject, nevertheless, to any general or special instructions from the Central Government, to enter any
vessel, and any officer so authorised may, for the purpose of enforcing the entry, call to his aid any
officer of police or customs or any other person.
368. Power to commit for trial and bind over witnesses.―Whenever, in the course of any such
investigation or inquiry, it appears that any person has committed in India an offence punishable under
any law in force in India, the court making the investigation or inquiry may (subject to such rules
consistent with this Act as the High Court may from time to time make) cause him to be arrested, or
commit him or hold him to bail to take his trial before the proper court, and may bind over any person
to give evidence at the trial, and may, for the purposes of this section, exercise all its powers as a criminal
court.
369. Report by court to Central Government.―(1) The court shall, in the case of all
investigations or inquiries under this Part, transmit to the Central Government a full report of the
conclusions at which it has arrived together with the evidence.
(2) Where the investigation or inquiry affects a master or an officer of a ship other than an Indian
ship who holds a certificate under the law of any country outside India, the Central Government may
transmit a copy of the report together with the evidence to the proper authority in that country.
2
[(3) The Central Government shall, on receipt of the investigation report from the court, cause it
to be published in the Official Gazette.]
370. Powers of court as to certificates granted by Central Government.―(1) A certificate of a
master, mate or engineer which has been granted by the Central Government under this Act may be
cancelled or suspended―
(a) by a court holding a formal investigation into a shipping casualty under this Part if the court
finds that the loss, stranding or abandonment of, or damage to, any ship, or loss of life, has been
caused by the wrongful act or default of such master, mate or engineer;

(b) by a court holding an inquiry under this Part into the conduct of the master, mate or engineer
if the court finds that he is incompetent or has been guilty of any gross act of drunkenness, tyranny
or other misconduct or in a case of collision has failed to render such assistance or give such
information as is required by section 348.
(2) At the conclusion of the investigation or inquiry, or as soon thereafter as possible, the court
shall state in open sitting the decision to which it may have come with respect to the cancellation or
suspension of any certificate and, if suspension is ordered, the period for which the certificate is
suspended.

97
 (3) Where the court cancels or suspends a certificate, the court shall forward it to the Central
Government together with the report which it is required by this Part to transmit to it.
371. Power of court to censure master, mate or engineer.―Where it appears to the court holding
an investigation or inquiry that having regard to the circumstances of the case an order of cancellation
or suspension under section 370 is not justified, the court may pass an order censuring the master, mate
or engineer in respect of his conduct.
372. Power of court to remove master and appoint new master.―(1) A 1[Judicial Magistrate
of the first class] specially empowered in this behalf by the Central Government or a 2[Metropolitan
Magistrate] may remove the master of any ship within his jurisdiction if the removal is shown to his
satisfaction to be necessary.
(2) The removal may be made upon the application of the owner of any ship or his agent, or of the
consignee of the ship or of any certificated officer or of one-third or more of the crew of the ship.
(3) The 3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be,] may
appoint a new master instead of the one removed, but where the owner, agent or consignee of the ship
is within his jurisdiction, such an appointment shall not be made without the consent of that owner,
agent or consignee.
(4) The 3[Judicial Magistrate of the first class or Metropolitan Magistrate, as the case may be] may
also make such order and require such security in respect of the cost of the matter as he thinks fit.
Marine Board
373. Convening of Marine Boards outside India.―Whenever―
(a) a complaint is made to an Indian consular officer or a senior officer of any ship of the Indian
Navy in the vicinity (hereinafter referred to as naval officer) by the master or any member of the
crew of an Indian ship and such complaint appears to the Indian consular officer or naval officer,
as the case may be, to require immediate investigation; or
(b) the interest of the owner of an Indian ship or of the cargo thereof appears to an Indian
consular officer or naval officer, as the case may be, to require it; or
(c) an allegation of in competency or misconduct is made to an Indian consular officer or a
naval officer against the master or any of the officers of an Indian ship; or
(d) any Indian ship is lost, abandoned or stranded at or near the place where an Indian consular
officer or naval officer may be or whenever the crew or part of the crew of any Indian ship which
has been lost, abandoned or stranded arrives at that place; or
(e) any loss of life or any serious injury to any person has occurred on board an Indian ship at
or near that place;
the Indian consular officer or the naval officer, as the case may be, may, in his discretion, convene a
Board of Marine Inquiry to investigate the said complaint or allegation or the matter affecting the said

98
interest or the cause of the loss, abandonment or the stranding of the ship or of the loss of life or of the
injury to the person.
374. Constitution and procedure of Marine Board.―(1) A Marine Board shall consist of the
officer convening the Board and two other members.
(2) The two other members of the Marine Board shall be appointed by the officer convening the
Marine Board from among persons conversant with maritime or mercantile affairs.
(3) The officer convening the Marine Board shall be the presiding officer thereof.
(4) A Marine Board shall, subject to the provisions of this Act, have power to regulate it‟s own
procedure.
375. Decisions of Marine Board to be by majority.― Where there is a difference of opinion
among members of the Marine Board, the decision of the majority of the members shall be the decision
of the Board.
376. Powers of Marine Board.―(1) A Marine Board may, after investigating and hearing the
case―
(a) if it is of opinion that the safety of an Indian ship or her cargo or crew or the interest of the
owner of an Indian ship or of the owner of the cargo thereof requires it, remove the master and
appoint another qualified person to act in his stead;
(b) if it is of opinion that any master or officer of an Indian ship is incompetent or has been
guilty of any act of misconduct or in a case of collision has failed to render such assistance or give
such information as is required by section 348 or that loss, abandonment or stranding of or serious
damage to any ship, or loss of life or serious injury to any person has been caused by the wrongful
act or default of any master or ship‟s officer of an Indian ship, suspend the certificate of that
master or ship's officer for a stated period:
Provided that no such certificate shall be suspended unless the master or officer concerned has
been furnished with a statement of the case in respect of which investigation has been ordered and
he has also been given an opportunity of making a defence either in person or otherwise;
(c) discharge a seaman from an Indian ship and order the wages of any seaman so discharged
or any part of those wages to be forfeited;
(d) decide any questions as to wages, fines or forfeitures arising between any of the parties to
the proceedings;
(e) direct that any or all of the costs incurred by the master or owner of an Indian ship or on the
maintenance of a seaman or apprentice while in prison outside India shall be paid out of, and
deducted from, the wages of that seaman or apprentice, whether earned or subsequently earned;
(f) if it considers such a step expedient, order a survey to be made of any Indian ship which is
the subject of investigation;
(g) order the costs of proceedings before it or any part of those costs, to be paid by any of the
parties thereto, and may order any person making a frivolous or unjustified complaint to pay
compensation for any loss or delay caused thereby; and any costs or compensation so ordered to be
paid by any person shall be paid by that person accordingly and may be recovered in the same
manner in which wages of seaman are recoverable or may be deducted from the wages due to that
person.
(2) All orders made by a Marine Board shall, whenever practicable, be entered in the official log
book of the ship which is the subject of investigation or on board which the casualty or occurrence or
conduct investigated took place, and be signed by the presiding officer of the Board.

99
 Miscellaneous provisions relating to cancellation and suspension of certificates
377. Powers of Central Government to cancel, suspend, etc., certificate of master, mate or
engineer.―(1) Any certificate which has been granted by the Central Government under this Act to
any master, mate or engineer, may be cancelled or suspended for any specified period, by the Central
Government in the following cases, that is to say,―
(a) if, on any investigation or inquiry made by any court, tribunal or other authority for the time
being authorised by the legislative authority in any country outside India, the court, tribunal or other
authority reports that the master, mate or engineer is incompetent or has been guilty of any gross
act of misconduct, drunkenness or tyranny, or in a case of collision has failed to render assistance,
or to given such information as is referred to in section 348, or that the loss, stranding or
abandonment of, or damage to, any ship or loss of life has been caused by his wrongful act or
default;
(b) if the master, mate or engineer is proved to have been convicted―
(i) of any offence under this Act or of any non-bailable offence committed under any other
law for the time being in force in India; or
(ii) of an offence committed outside India, which, if committed in India, would be a non-
bailable offence;
(c) if (in the case of a master of an Indian ship) he has been superseded by the order of any
court of competent jurisdiction in India or outside India.
1
[(1A) Any certificate within the meaning of clause (b) of section 87A may be cancelled or
suspended for any specified period by the Central Government if the person to whom such certificate
has been granted has contravened the provisions of sub-section (1) or sub-section (2) of section 87B:
Provided that no order under this sub-section shall be passed by the Central Government unless the
person concerned has been given an opportunity of making a representation against the order proposed.]
(2) The Central Government may at any time, if it thinks the justice of the case so requires,―
(a) revoke any order of cancellation or suspension made by it under 2[sub-section (1) or sub-
section (1A) or] set aside any order of cancellation or suspension made by a court under section 370
or any order of suspension made by a Marine Board under clause (b) of sub-section (1) of section
376 or any order of censure made by a court under section 371; or
(b) shorten or lengthen the period of suspension ordered by it under 2[sub-section (1) or sub-
section (1A) or] by a court under section 370 or by a Marine Board under clause (b) of sub-section
(1) of section 376 or cancel a certificate suspended by a Marine Board under that clause; or
(c) grant without examination a new certificate of the same or any lower grade in the case of
any certificate cancelled or suspended by it under 2[sub-section (1) or sub-section (1A) or] by a
court under section 370 or any certificate suspended by a Marine Board under clause (b) of sub-
section (1) of section 376:
Provided that no order under clause (b) either lengthening the period of suspension of or cancelling
a certificate shall be passed by the Central Government unless the person concerned has been given an
opportunity of making a representation against the order proposed.
(3) A certificate granted under clause (c) of sub-section (2) shall have the same effect as if it had
been granted after examination.
378. Delivery of Indian certificate cancelled or suspended.―A master or ship‟s officer who is
the holder of a certificate issued under this Act shall, if such certificate has been cancelled or suspended
by the Central Government or by a court or suspended by a Marine Board, deliver his

10
0
certificate to the Central Government, court or Marine Board on demand or if it is not so demanded by
the Central Government or court or Board, to the Director-General.
379. Effect of cancellation or suspension of certificate.―The cancellation or suspension of a
certificate by the Central Government or by a court or the suspension of a certificate by a Marine Board,
shall―
(a) if the certificate was issued under this Act, be effective everywhere and in respect of all
ships; and
(b) if the certificate was issued outside India, be effective―
(i) within India and the territorial waters of India, in respect of all ships; and
(ii) outside India, in respect of Indian ships only.
380. Suspended certificate not to be endorsed.―If the certificate of a master or ship's officer is
suspended under this Part by the Central Government or by a court or a Marine Board, no endorsement
shall be made to that effect on the said certificate.
381. Power of Central Government to cancel or suspend other certificates.―Notwithstanding
anything contained in this Act, the Central Government may, at any time, without any formal
investigation or inquiry, cancel or suspend any certificate granted by it under this Act, other than a
certificate granted to a master, mate or engineer, if, in its opinion, the holder is, or has become, unfit to
act in the grade for which the certificate was granted to him:
Provided that no order under this section shall be passed by the Central Government unless the
person concerned has been given an opportunity of making a representation against the order proposed.
Re-hearing of cases
382. Re-hearing.―(1) Whenever an investigation or inquiry has been held by a court or by a
Marine Board under this Part, the Central Government may order the case to be reheard either generally
or as to any part thereof, and shall so order―
(a) if new and important evidence which could not be produced at the investigation has been
discovered, or
(b) if for any other reason there has, in its opinion, been a miscarriage of justice.
(2) The Central Government may order the case to be reheard by the court or Marine Board as the
case may be consisting of the same members or other members as the Central Government may deem
fit.
Courts of survey
383. Constitution of court of survey.―(1) A court of survey for a port shall consist of a Judge
sitting with two assessors.
(2) The Judge shall be a District Judge, Judge of a court of small causes, 1[Metropolitan Magistrate,
Judicial Magistrate of the first class] or other fit person appointed in this behalf by the Central
Government either generally or for any specified case.
(3) The assessors shall be persons of nautical, engineering pr other special skill or experience.
(4) Subject to the provisions of Part IX as regards ships other than Indian ships, one of the assessors
shall be appointed by the Central Government either generally or in each case and the other shall be
summoned by the Judge in the manner prescribed out of a list of persons from time to time prepared for
the purpose by the Central Government or, if there is no such list or if it is impracticable to procure the
attendance of any person named in such list, shall be appointed by the Judge.

384. Appeal from surveyor to court of survey.―(1) If a surveyor authorised to inspect a ship―
(a) makes a statement in his report of inspection with which the owner or his agent or the
master of the ship is dissatisfied, or
173
 (b) gives notice under this Act of any defect in any ship, or
(c) declines to give any certificate under this Act,
the owner, master or agent, as the case may be, may, subject to the provisions of sub-section (2) and
of section 387, appeal to a court of survey.
(2) Whenever a surveyor inspects any ship, he shall, if the owner, master or agent of the ship so
requires, be accompanied on the inspection by some person nominated by the owner, master or agent,
as the case may be, and if the person so nominated agrees with the surveyor as to the statement made
or the notice given by the surveyor or the refusal by the surveyor to give a certificate, there shall be no
appeal to a court of survey from that statement, notice or refusal.
385. Powers and procedure of court of survey.―(1) The Judge shall on receiving notice of
appeal or a reference from the Central Government immediately summon the assessors to meet
forthwith in the prescribed manner.
(2) The court of survey shall hear every case in open court.
(3) The Judge may appoint any competent person to survey the ship and report thereon to the court.
(4) The Judge shall have the same powers as the Central Government has to order the ship to be
released or finally detained; but unless one of the assessors concurs in an order for the detention of the
ship, the ship shall be released.
(5) The owner and master of the ship and any person appointed by the owner or master and also
any person appointed by the Central Government may attend any inspection or survey made in
pursuance of this section.
(6) The Judge shall report the proceedings of the court in each case to the Central Government in
the manner prescribed and each assessor shall either sign such report or report to the Central
Government the reasons for his dissent.
386. Power to make rules.―The Central Government may make rules for carrying out the
purposes of this Part with respect to a court of survey and in particular, and without prejudice to the
generality of the foregoing power, with respect to―
(a) the procedure of the court;
(b) the requiring, on an appeal, of security for costs and damages;
(c) the amount and application of fees; and
(d) the ascertainment, in case of dispute, of the proper amount of costs
Scientific referees
387. Reference in difficult cases to scientific persons.―(1) If the Central Government is of
opinion that an appeal to a court of survey involves a question of construction or design or a scientific
difficulty or important principle, it may refer the matter to such one or more out of a list of scientific
referees to be from time to time prepared by the Central Government as may appear to possess the
special qualifications necessary for the particular case and may be selected by agreement between a
person duly appointed by the Central Government in this behalf and the appellant, or in default of any
such agreement, by the Central Government; and there upon the appeal shall be determined by the
referee or referees instead of by the court of survey.
(2) The Central Government, if the appellant in any such appeal so requires and gives security to
its satisfaction to pay the costs of and incidental to the reference, shall refer such appeal to a referee or
referees selected as aforesaid.

174
 (3) The referee or referees shall have the same powers as a Judge of the court of survey.
Investigations into explosions or fires on board ships
388. Power to investigate causes of explosion or fire on board ship.―Whenever any explosion
or fire occurs on board any ship on or near the coasts of India, the Central Government may direct that
an investigation into the causes of explosion or fire be made by such person or persons as it thinks fit.
389. Report to he made regarding cause of explosion or fire.―The person or persons referred
to in section 388 may go on board the ship on which the explosion or fire has occurred with all necessary
workmen and labourers, and remove any portion of the ship, or of the machinery thereof, for the purpose
of the investigation, and shall report to the Central Government or the person duly appointed by it, as
the case may be, what in his or their opinion was the cause of the explosion or fire.

175
 (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 in which the tonnage of any ship shall be ascertained, whether for the
purpose of registration or otherwise, including the mode of measurement;
(b) the recognition for the purpose of ascertaining the tonnage of any ship or for any other
purpose, of any tonnage certificate granted in respect of any ship in any country outside India,
the tonnage regulations of which are substantially the same as the tonnage rules made by the
Central Government, including the conditions and restrictions subject to which such
recognition may be granted;
(c) the manner in which surveys of ships shall be conducted and the form of certificates
of surveying officers;
(d) the manner in which ships shall be marked;
(e) the form in which any document required by this Part shall be prepared and the
particulars which it should contain;
(f) the persons by whom and the authorities before which any declaration required by this
Part shall be made and the circumstances in which any such declaration may be waived and
other evidence accepted;
(g) the form of the instrument creating a mortgage on a ship or share of transferring a
mortgage;
(h) the returns that shall be made by registrars to the Director-General or to such other
authority as the Central Government may appoint and the form in which and the intervals
within which such returns shall be made;
(i) the procedure for the registration, marking or alteration of the names of Indian ships;
1
[(j) the fees that may be levied for the survey or inspection of any ship for the purposes of
registration and the manner in which such fees may be collected;]
(k) the manner in which registrars and other authorities may exercise their powers under
the Part or maintain their books and other registers;
(l) the manner in which ships belonging to the Government, to which the provisions of
this Act may be made applicable under section 73, may be registered;
(m) any other matter which may be or is to be prescribed.

28
 UNIT 3: INTERNATIONAL LAW
OF SEA UNCLOS 1982
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea
Convention or the Law of the Sea treaty, is the international agreement that resulted from the third
United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and
1982. The Law of the Sea Convention defines the rights and responsibilities of nations with respect to
their use of the world's oceans, establishing guidelines for businesses, the environment, and the
management of marine natural resources. The Convention, concluded in 1982, replaced the quad-
treaty 1958 Convention on the High Seas. UNCLOS came into force in 1994, a year after Guyana
became the 60th nation to ratify the treaty.[1] As of June 2016, 167 countries and the European
Union have joined in the Convention. It is uncertain as to what extent the Convention
codifies customary international law.

UNCLOS I
In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS I) at Geneva,
Switzerland. UNCLOS I[9] resulted in four treaties concluded in 1958:
-Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964
-Convention on the Continental Shelf, entry into force: 10 June 1964
-Convention on the High Seas, entry into force: 30 September 1962
-Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20
March 1966
Although UNCLOS I was considered a success, it left open the important issue of breadth of
territorial waters.

UNCLOS II
In 1960, the United Nations held the second Conference on the Law of the Sea ("UNCLOS II");
however, the six-week Geneva conference did not result in any new agreements.[8] Generally
speaking, developing nations and third world countries participated only as clients, allies, or
dependents of the United States or the Soviet Union, with no significant voice of their own.

UNCLOS III
The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo of Malta, and
in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. In an
attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference
used a consensus process rather than majority vote. With more than 160 nations participating, the
conference lasted until 1982. The resulting convention came into force on 16 November 1994, one year
after the 60th state, Guyana, ratified the treaty.
The convention introduced a number of provisions.

The most significant issues covered were setting limits, navigation, archipelagic status and transit
regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the
exploitation regime, protection of the marine environment, scientific research, and settlement of
disputes.
The convention set the limit of various areas, measured from a carefully defined baseline. (Normally,
a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing
islands or is highly unstable, straight baselines may be used.) The areas are as follows:

Internal waters
Covers all water and waterways on the landward side of the baseline. The coastal state is free to set
laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal
waters. A vessel in the high seas assumes jurisdiction under the internal laws of its flag State. Pursuit
of a ship by the Coastal State may only take place in the internal waters and is required to end when
reaching the contiguous zone.

Territorial waters
Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set
laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any
territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that
naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent
passage" is defined by the convention as passing through waters in an expeditious and continuous
manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing,
polluting, weapons practice, and spying are not "innocent", and submarines and other underwater
vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily
suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the
protection of their security.

Archipelagic waters
The convention set the definition of Archipelagic States in Part IV, which also defines how the state
can draw its territorial borders. A baseline is drawn between the outermost points of the outermost
islands, subject to these points being sufficiently close to one another. All waters inside this baseline
are designated Archipelagic Waters. The state has sovereignty over these waters (like internal waters),
but subject to existing rights including traditional fishing rights of immediately adjacent
states.[10] Foreign vessels have right of innocent passage through archipelagic waters (like territorial
waters).

Contiguous zone
Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the
territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in
four specific areas: customs, taxation, immigration and pollution, if the infringement started within
the state's territory or territorial waters, or if this infringement is about to occur within the state's
territory or territorial waters.[11] This makes the contiguous zone a hot pursuit area.

Exclusive economic zones (EEZs)

These extend 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within this area,
the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may
include the territorial sea and even the continental shelf. The EEZs were introduced to halt the
increasingly heated clashes over fishing rights, although oil was also becoming important. The
success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the
world, and by 1970 it was technically feasible to operate in waters 4,000 metres deep. Foreign nations
have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign
states may also lay submarine pipes and cables.

Continental shelf
The continental shelf is defined as the natural prolongation of the land territory to
the continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's
baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles
(370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles
(650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190
kilometres; 120 miles) beyond the 2,500-meter isobath (the line connecting the depth of 2,500
meters). Coastal states have the right to harvest mineral and non-living material in the subsoil of its
continental shelf, to the exclusion of others. Coastal states also have exclusive control over living
resources "attached" to the continental shelf, but not to creatures living in the water column beyond
the exclusive economic zone.
Aside from its provisions defining ocean boundaries, the convention establishes general obligations
for safeguarding the marine environment and protecting freedom of scientific research on the high
seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep
seabed areas beyond national jurisdiction, through an International Seabed Authority and the common
heritage of mankind principle.[12]
Landlocked states are given a right of access to and from the sea, without taxation of traffic through
transit states.
 International Tribunal for the Law of the
Sea (ITLOS)
The International Tribunal for the Law of the Sea (ITLOS) is an intergovernmental
organization created by the mandate of the Third United Nations Conference on the Law of the Sea. It
was established by the United Nations Convention on the Law of the Sea, signed at Montego Bay,
Jamaica, on December 10, 1982. The Convention entered into force on November 16, 1994, and
established an international framework for law over "all ocean space, its uses and resources". The
ITLOS is one of four dispute resolution mechanisms listed at Article 287 of the UNCLOS.[1]
The tribunal is based in Hamburg, Germany. The Convention also established the International
Seabed Authority, with responsibility for the regulation of seabed mining beyond the limits of
national jurisdiction, which is beyond the limits of the territorial sea, the contiguous zone and the
continental shelf. There are currently 168 signatories, 167 states plus the European Union. As of 2012,
holdouts included the United States and the Islamic Republic of Iran.

Flag State
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is registered or
licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can
only be registered in one jurisdiction, but may change the register in which it is registered. The flag
state has the authority and responsibility to enforce regulations over vessels registered under its flag,
including those relating to inspection, certification, and issuance of safety and pollution prevention
documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is
involved in an admiralty case.

The term "flag of convenience" describes the business practice of registering a merchant ship in a
state other than that of the ship's owners, and flying that state's civil ensign on the ship. Ships may be
registered under flags of convenience to reduce operating costs, to avoid the regulations of or avoid
inspection and scrutiny by the owner's country. Normally the nationality (i.e., flag) of the ship
determines the taxing jurisdiction.

Since the Flag Right Declaration of 1921, it has been recognised that all states—including land-
locked countries—have a right to maintain a ship register and be a ship’s flag state. Because of the
failure of some flag states to comply with their survey and certification responsibilities, especially
flag-of-convenience states that have delegated their task to classification societies, a number of states
have since 1982 established Port State Controls of foreign-registered ships entering their jurisdiction.
As at January 2010, Panama was the world's largest flag state, with almost a quarter of the world's
ocean-going tonnage registered there.[1] The United States and the United Kingdom had only about
1% each.[citation needed]

Flag state control

Each flag state has set up its own flag state control system:
In India, the Directorate General of Shipping is responsible for life, health, vessel and the
environment for Indian registered ships and ships at Indian ports.[7]

Duties of the Coastal State

1. The coastal State shall not hamper the innocent passage of foreign
ships through the territorial sea except in accordance with this Convention.
In particular, in the application of this Convention or of any laws or
regulations adopted in conformity with this Convention, the coastal State shall not:
(a) impose requirements on foreign ships which have the practical
effect of denying or impairing the right of innocent passage; or
(b) discriminate in form or in fact against the ships of any State or
against ships carrying cargoes to, from or on behalf of any
State.
2. The coastal State shall give appropriate publicity to any danger to
Navigation, of which it has knowledge, within its territorial sea.

Article 21. Laws and regulations of the coastal State relating to innocent passage

The coastal State may adopt laws and regulations, in conformity with the provisions of this
Convention and other rules of international law, relating to innocent passage through the territorial
sea, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations of the coastal State;
(f) the preservation of the environment of the coastal State and the prevention, reduction and control
of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and regulations
of the coastal State.
-Such laws and regulations shall not apply to the design, construction, manning or equipment of
foreign ships unless they are giving effect to generally accepted international rules or standards.
-The coastal State shall give due publicity to all such laws and regulations.
-Foreign ships exercising the right of innocent passage through the territorial sea shall comply with all
such laws and regulations and all generally accepted international regulations relating to the
prevention of collisions at sea.

UNCLOS definition of piracy. IMO’s definition of

“armed robbery” Duties of states to suppress piracy
Piracy is an act of robbery or criminal violence by ship or boat-borne attackers upon another ship or a
coastal area, typically with the goal of stealing cargo and other valuable items or properties. Those
who engage in acts of piracy are called pirates.

UNCLOS definition of piracy

“Piracy” consists of any of the following acts:
(a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by
the crew or the passengers of a private ship or a private aircraft, and directed:
i. on the high seas, against another ship or aircraft, or against persons or property on board such ship
or aircraft;
ii. against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of
facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b)
IMO’s definition of “armed robbery” - IMO Resolution A.1025(26), 18 January 2010
Armed robbery against ships” means any of the following acts:
 any illegal act of violence or detention or any act of depredation, or threat thereof, other than an act
of piracy, committed for private ends and directed against a ship or against persons or property on
board such a ship, within a State’s internal waters, archipelagic waters and territorial sea;
 any act of inciting or of intentionally facilitating an act described above.

The IMO follows the UNCLOS piracy definition & Armed Robbery definition as per IMO Resolution
A.1025 (26), 18 January 2010

The Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships
in Asia (ReCAAP) is the first regional government-to-government agreement to promote and
enhance cooperation against piracy and armed robbery against ships in Asia.
The ReCAAP Agreement was launched in November 2006 with14 Asian Contracting Parties
including North, Southeast, and South Asian countries. It has 20 Contracting Parties today, including
Europe (Norway, the Netherlands, Denmark, and the United Kingdom), Australia, and the United
States.
The ReCAAP Information Sharing Centre (ReCAAP ISC) was established in Singapore on November
29, 2006.
At the 12th Governing Council Meeting in 2018, the Council announced that ReCAAP ISC has met
the criteria to be a Centre of Excellence for information sharing in combating piracy and armed
robbery against ships at sea.

Duties of states to suppress piracy

UNCLOS provides that all States have an obligation to cooperate to the fullest possible extent in the
repression of piracy (art. 100) and have universal jurisdiction on the high seas to seize pirate ships and
aircraft, or a ship or aircraft taken by piracy and under the control of pirates, and arrest the persons
and seize the property on board (art. 105). Article 110, inter alia, also allows States to exercise a right
of visit vis-à-vis ships suspected of being engaged in piracy.

These provisions should be read together with article 58(2) of UNCLOS, which makes it clear that the
above-mentioned articles and other pertinent rules of international law apply to the exclusive
economic zone in so far as they are not incompatible with the provision of UNCLOS relating to the
exclusive economic zone.

It is also important to distinguish the crime of piracy from armed robbery against ships, which can
occur within the internal waters and territorial sea of a coastal State. In accordance with Part II of
UNCLOS, in cases of armed robbery against ships, primary responsibility for enforcement normally
falls on the coastal State. Armed robbery against ships also constitutes an offence under the 1988
Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation (SUA
Convention) and, in some cases, the 2000 United Nations Convention against Transnational
Organized Crime.
 UNIT 4: MARITIME LABOUR
CONVENTION
AND MARITIME SAFETY

Manning and Certification; - STCW

Convention
International Convention on Standards of Training, Certification and Watchkeeping for
Seafarers, 1978 was adopted on 7 July 1978 and entered into force on 28 April 1984. The main
purpose of the Convention is to promote safety of life and property at sea and the protection of
the marine environment by establishing in common agreement international standards of training,
certification and watchkeeping for seafarers. Revisions to the conventions occurred in 1984, 1995,
1997, and 2010 of which major revisions were of 1995 and 2010.

1995 revision
The most significant amendments concerned:
a) enhancement of port state control;
b) communication of information to IMO to allow for mutual oversight and consistency in application
of standards,
c) quality standards systems (QSS), oversight of training, assessment, and certification procedures,
The Amendments require that seafarers be provided

Manila Amendments
New rest hours for seafarers
New grades of certificates of competency for able seafarers in both deck and engine
New and updated training, refreshing requirements
Mandatory security training
Additional medical standards
Specific Alcohol limits in blood or breath.

STCW-F Convention
On 7 July 1995, the International Convention on Standards of Training, Certification and
Watchkeeping for Fishing Vessel Personnel was adopted as a separate treaty as part of the
comprehensive revisions to STCW. It applies the principles of STCW to fishing vessels from ratifying
states that are 24 metres in length and above. STCW-F came into force on 29 September 2012.

The Convention did not deal with manning levels: IMO provisions in this area are covered by
regulation 14 of Chapter V of the International Convention for the Safety of Life at Sea (SOLAS),
1974, whose requirements are backed up by resolution A.890(21) Principles of safe manning, adopted
by the IMO Assembly in 1999, which replaced an earlier resolution A.481(XII) adopted in 1981.

Summary SOLAS Chapter V reg 14

Contracting Governments to ensure their ships are properly manned
Ships to have a Safe Manning Document
Working language to be established
Regulation 14
1. Contracting Governments undertake, each for its national ships, to maintain, or, if it is necessary,
to adopt, measures for the purpose of ensuring that, from the point of view of safety of life at
sea, all ships shall be sufficiently and efficiently manned.
2. Every ship to which chapter I applies shall be provided with an appropriate minimum safe
manning document or equivalent issued by the Administration as evidence of the minimum
safe manning considered necessary to comply with the provisions of paragraph 1.
3. On all ships, to ensure effective crew performance in safety matters, a working language shall
be established and recorded in the ship's log-book. The company, as defined in regulation
IX/1, or the master, as appropriate, shall determine the appropriate working language. Each
seafarer shall be required to understand and, where appropriate, give orders and instructions and
to report back in that language. If the working language is not an official language of the State
whose flag the ship is entitled to fly, all plans and lists required to be posted shall include a
translation into the working language.
4. On ships to which chapter I applies, English shall be used on the bridge as the working
language for bridge-to-bridge and bridge-to-shore safety communications as well as for
communications on board between the pilot and bridge watch keeping personnel, unless
those directly involved in the communication speak a common language other than English.

IMO RESOLUTION A.890(21) adopted on 25 November 1999

Annex – 1 - PRINCIPLES OF SAFE MANNING

1.) The following principles should be observed in determining the minimum safe manning of a ship:

1.1) the capability to:

1.1.1) maintain safe navigational, engineering and radio watches in accordance with regulation VIII/2 of the
1978 STCW Convention, as amended, and also maintain general surveillance of the ship;

1.1.2) moor and unmoor the ship safely;

1.1.3) manage the safety functions of the ship when employed in a stationary or near-stationary mode at sea;

1.1.4) perform operations, as appropriate, for the prevention of damage to the marine environment;

1.1.5) maintain the safety arrangements and the cleanliness of all accessible spaces to minimize the risk of fire;

1.1.6) provide for medical care on board ship;

1.1.7) ensure safe carriage of cargo during transit; and

1.1.8) inspect and maintain, as appropriate, the structural integrity of the ship; and

1.2) the ability to:

1.2.1) operate all watertight closing arrangements and maintain them in effective condition, and also deploy a
competent damage control party;

1.2.2) operate all on-board fire-fighting and emergency equipment and life-saving appliances, carry out such
maintenance of this equipment as is required to be done at sea, and muster and disembark all persons on board;
and
1.2.3) operate the main propulsion and auxiliary machinery and maintain them in a safe condition to enable the
ship to overcome the foreseeable perils of the voyage.

2.) In applying such principles, Administrations should take proper account of existing IMO, ILO, ITU
and WHO instruments in force which deal with:

2.1) watchkeeping;

2.2) hours of work or rest;

2.3) safety management;

2.4) certification of seafarers;

2.5) training of seafarers;

2.6) occupational health and hygiene; and

2.7) crew accommodation.

3.) The following on-board functions, when applicable, should also be taken into account:

3.1) ongoing training requirements for all personnel, including the operation and use of fire-fighting and
emergency equipment, life-saving appliances and watertight closing arrangements;

3.2) specialized training requirements for particular types of ships;

3.3) provision of proper food and drinking water;

3.4) need to undertake emergency duties and responsibilities; and

3.5) need to provide training opportunities for entrant seafarers to allow them to gain the training and experience
needed.

Annex 2 - GUIDELINES FOR THE APPLICATION OF PRINCIPLES OF SAFE MANNING

1.) Introduction
1.1) These guidelines should be used in applying the principles of safe manning set out in Annex 1 to this
resolution to ensure the safe operation of, and the prevention of pollution from, ships to which article III of the
1978 STCW Convention, as amended, applies.

1.2) The Administration may retain or adopt arrangements which differ from the provisions herein
recommended and which are especially adapted to technical developments and to special types of ships and
trades. However, at all times the Administration should satisfy itself that the detailed manning arrangements
ensure a degree of safety at least equivalent to that established by these guidelines.

2.) Hours of work or rest

2.1) Every company is obliged to ensure that the master, officers and ratings do not work more hours than is
safe in relation to the performance of their duties and the safety of the ship. The same responsibility is placed on
the master in relation to the members of the ship's complement. Manning levels should be such as to ensure that
the time and place available for taking rest periods are appropriate for achieving a good quality of rest. Further
guidance about fitness for duty is contained in section B-VIII/1 of the STCW Code.
2.2) A record of the actual hours of work performed by the individual seafarer should be maintained on board, in
order to verify that the minimum periods of rest required under relevant and applicable international instruments
in force have been complied with.

3.) Determination of minimum safe manning levels

3.1) The purpose of determining the minimum safe manning level of a ship is to ensure that its complement
includes the grades/capacities and number of persons required for the safe operation of the ship and the
protection of the marine environment.

3.2) The minimum safe manning level of a ship should be established taking into account all relevant factors,
including the following:

3.2.1) size and type of ship;

3.2.2) number, size and type of main propulsion units and auxiliaries;

3.2.3) construction and equipment of the ship;

3.2.4) method of maintenance used;

3.2.5) cargo to be carried;

3.2.6) frequency of port calls, length and nature of voyages to be undertaken;

3.2.7) trading area(s), waters and operations in which the ship is involved;

3.2.8) extent to which training activities are conducted on board; and

3.2.9) applicable work hour limits and/or rest requirements.

3.3) The determination of the minimum safe manning level of a ship should be based on performance of the
functions at the appropriate level(s) of responsibility, as specified in the STCW Code, which include the
following:

3.3.1) navigation, comprising the tasks, duties and responsibilities required to:

3.3.1.1) plan and conduct safe navigation;

3.3.1.2) maintain a safe navigational watch in accordance with the requirements of the STCW Code;

3.3.1.3) manoeuvre and handle the ship in all conditions; and

3.3.1.4) moor and unmoor the ship safely;

3.3.2) cargo handling and stowage, comprising the tasks, duties and responsibilities required to:

3.3.2.1) plan, monitor and ensure safe loading, stowage, securing, care during the voyage and unloading of
cargo to be carried on the ship;

3.3.3) operation of the ship and care for persons on board, comprising the tasks, duties and responsibilities
required to:

3.3.3.1) maintain the safety and security of all persons on board and keep life-saving, fire-fighting and other
safety systems in operational condition;
3.3.3.2) operate and maintain all watertight closing arrangements;

3.3.3.3) perform operations, as appropriate, to muster and disembark all persons on board;

3.3.3.4) perform operations, as appropriate, to ensure protection of the marine environment;

3.3.3.5) provide for medical care on board the ship; and

3.3.3.6) undertake administrative tasks required for the safe operation of the ship;

3.3.4) marine engineering, comprising the tasks, duties and responsibilities required to:

3.3.4.1) operate and monitor the ship's main propulsion and auxiliary machinery and evaluate the performance
of such machinery;

3.3.4.2) maintain a safe engineering watch in accordance with the requirements of the STCW Code;

3.3.4.3) manage and perform fuel and ballast operations; and

3.3.4.4) maintain safety of the ship's engine equipment, systems and services;

3.3.5) electrical, electronic and control engineering, comprising the tasks, duties and responsibilities required to:

3.3.5.1) operate the ship's electrical and electronic equipment; and

3.3.5.2) maintain the safety of the ship's electrical and electronic systems;

3.3.6) radio communications, comprising the tasks, duties and responsibilities required to:

3.3.6.1) transmit and receive information using the radio equipment of the ship;

3.3.6.2) maintain a safe radio watch in accordance with the requirements of the ITU Radio Regulations and the
1974 SOLAS Convention, as amended; and

3.3.6.3) provide radio services in emergencies;

3.3.7) maintenance and repair, comprising the tasks, duties and responsibilities required to:

3.3.7.1) carry out maintenance and repair work to the ship and its machinery, equipment and systems, as
appropriate to the method of maintenance and repair used.

3.4) In addition to the factors and functions in paragraphs 3.2 and 3.3, the determination of the minimum safe
manning level should also take into account:

3.4.1) the management of the safety functions of a ship at sea when not under way;

3.4.2) except in ships of limited size, the provision of qualified deck officers to ensure that it is not necessary for
the master to keep regular watches by adopting a three-watch system;

3.4.3) except in ships of limited propulsion power or operating under provisions for unattended machinery
spaces, the provision of qualified engineer officers to ensure that it is not necessary for the chief engineer to
keep regular watches by adopting a three-watch system;

3.4.4) the maintenance of applicable occupational health and hygiene standards on board; and
3.4.5) the provision of proper food and drinking water for all persons on board, as required.

3.5) In determining the minimum safe manning level of a ship, consideration should also be given to:

3.5.1) the number of qualified and other personnel required to meet peak workload situations and conditions,
with due regard to the number of hours of shipboard duties and rest periods assigned to seafarers; and

3.5.2) the capability of the master and the ship's complement to co-ordinate the activities necessary for the safe
operation of the ship and the protection of the marine environment.

4.) Responsibilities of companies

4.1) The Administration may require the company responsible for the operation of the ship to prepare and
submit its proposal for the minimum safe manning level of a ship in accordance with a form specified by the
Administration.

4.2) In preparing a proposal for the minimum safe manning level of a ship, the company should apply the
principles, recommendations and guidelines contained in this resolution and should be required to:

4.2.1) make an assessment of the tasks, duties and responsibilities of the ship's complement required for its safe
operation, for protection of the marine environment, and for dealing with emergency situations;

4.2.2) make an assessment of numbers and grades/capacities in the ship's complement required for its safe
operation, for protection of the marine environment, and for dealing with emergency situations;

4.2.3) prepare and submit to the Administration a proposal for the minimum safe manning level based upon the
assessment of the numbers and grades/capacities in the ship's complement required for its safe operation and for
protection of the marine environment, justifying the proposal by explaining how the proposed ship's
complement will deal with emergency situations, including the evacuation of passengers, where necessary;

4.2.4) ensure that the minimum safe manning level is adequate at all times and in all respects, including meeting
peak workload situations, conditions and requirements, and is in accordance with the principles,
recommendations and guidelines contained in this resolution; and

4.2.5) prepare and submit to the Administration a new proposal for the minimum safe manning level of a ship in
the case of changes in trading area(s), construction, machinery, equipment or operation and maintenance of the
ship, which may affect the safe manning level.

5.) Approval by the Administration

5.1) A proposal for the minimum safe manning level of a ship submitted by a company to the Administration
should be evaluated by the Administration to ensure that:

5.1.1) the proposed ship's complement contains the number and grades/capacities of personnel to fulfil the tasks,
duties and responsibilities required for the safe operation of the ship, for protection of the marine environment
and for dealing with emergency situations; and

5.1.2) the master, officers and other members of the ship's complement are not required to work more hours than
is safe in relation to the performance of their duties and the safety of the ship and that the requirements for work
and rest hours, in accordance with applicable national regulations, can be complied with.

5.2) The Administration should require a company to amend a proposal for the minimum safe manning level of
a ship if, after evaluation of the original proposal submitted by the company, the Administration is unable to
approve the proposed composition of the ship's complement.
5.3) The Administration should only approve a proposal for the minimum safe manning level of a ship and issue
accordingly a minimum safe manning document if it is fully satisfied that the proposed ship's complement is
established in accordance with the principles, recommendations and guidelines contained in this resolution, and
is adequate in all respects for the safe operation of the ship and for the protection of the marine environment.

5.4) The Administration may withdraw the minimum safe manning document of a ship if the company fails to
submit a new proposal for the ship's minimum safe manning level when changes in trading area(s), construction,
machinery, equipment or operation and maintenance of the ship have taken place which affect the minimum safe
manning level.

5.5) The Administration should review and may withdraw, as appropriate, the minimum safe manning document
of a ship which persistently fails to be in compliance with rest hours requirements.

Annex 3 - GUIDANCE ON CONTENTS AND MODEL FORM OF MINIMUM SAFE

MANNING DOCUMENT
1.) The following information should be included in the minimum safe manning document issued by
the Administration specifying the minimum safe manning level:
1.1) a clear statement of the ship's name, port of registry, distinctive number or letters, IMO number,
gross tonnage, main propulsion power, type and trading area and whether or not the machinery space
is unattended;

1.2) a table showing the number and grades/capacities of the personnel required to be carried, together
with any special conditions or other remarks;

1.3) a formal statement by the Administration that, in accordance with the principles and guidelines
set out in Annexes 1 and 2, the ship named in the document is considered to be safely manned if,
whenever it proceeds to sea, it carries not less than the number and grades/capacities of personnel
shown in the document, subject to any special conditions stated therein;

1.4) a statement as to any limitations on the validity of the document by reference to particulars of the
individual ship and the nature of service upon which it is engaged; and

1.5) the date of issue and any expiry date of the document together with a signature for and the seal of
the Administration.

2.) It is recommended that the minimum safe manning document be drawn up in the form
corresponding to the model given in the appendix to this Annex. If the language used is not English,
the information given should include a translation into English.

ILO’s Convention – MLC 2006

The Maritime Labour Convention (MLC) is an International Labour Organization convention, number
186, established in 2006 as the fourth pillar of international maritime law and embodies "all up-to-
date standards of existing international maritime labour Conventions and Recommendations, as well
as the fundamental principles to be found in other international labour Conventions".
The other "pillars are the SOLAS, STCW and MARPOL. The treaties applies to all ships entering the
harbours of parties to the treaty (port states), as well as to all states flying the flag of state party (flag
states, as of 2019: over 90 per cent).

The convention entered into force on 20 August 2013, one year after registering 30 ratifications of
countries representing over 33 per cent of the world gross tonnage of ships. Already after five
ratifications the ratifying countries (Bahamas, Norway, Liberia, Marshall Islands, and Panama)
represented over 43 per cent of the gross world tonnage (which is over 33 per cent; the second
requirement for entry into force). As of September 2019, the convention has been ratified by 94 states
representing over 94 per cent of global shipping.

Although the Convention has not been ratified worldwide, it has widespread effect because vessels
from non-signatory states that attempt to enter ports of signatory states may face arrest and penalties
for non-compliance with the MLC.

The convention consists of the sixteen articles containing general provisions as well as the Code. The
Code consists of five Titles in which specific provisions are grouped by standard (or in Title 5: mode
of enforcement):
Title 1: Minimum requirements for seafarers to work on a ship
Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and catering
Title 4: Health protection, medical care, welfare and social security protection
Title 5: Compliance and enforcement
Title 1: Minimum requirements for seafarers to work on a ship
The minimum requirements set out in this section of the code are divided in 4 parts and are
summarized below:
Minimum age requirements: the minimum age is 16 years (18 for night work and work in hazardous
areas).
Medical fitness: workers should be medically fit for the duties they are performing. Countries should
issue medical certificates as defined in the STCW (or use a similar standard).
Training: Seafarers should be trained for their duties as well as have had a personal safety training.
Recruitment/placement services located in member states or for ships flying the flag of member
states should have (among others) proper placement procedures, registration, complaint procedures
and compensation if the recruitment fails

Title 2: Employment conditions

The Title on employment conditions lists conditions of the contract and payments, as well as the
working conditions on ships.
Contracts: the contract should be clear, legally enforceable and incorporate collective bargaining
agreements (if existent).
Payments: Wages should be paid at least every month, and should be transferable regularly to family
if so desired.
Rest hours: rest hours should be implemented in national legislation. The maximum hours of work in
that legislation should not exceed 14 hours in any 24-hour period and 72 hours in any seven-day
period, or: at least ten hours of rest in any 24-hour period and 77 hours (rest) in any seven-day period.
Furthermore, the daily hours of rest may not be divided into more than two periods and, at least six
hours of rest should be given consecutively in one of those two periods.
Leave: Seafarers have a right to annual leave as well as shore leave.
Repatriation: Returning to their country of residence should be free.
Loss: If a ship is lost or foundered, the seafarers have a right to an unemployment payments.
Manning: Every ship should have a sufficient manning level.
Development and opportunities: Every seafarer has a right to be promoted during his career except in
cases where there is a violation of a statute or code of conduct, which inevitably hinders such
promotion. Also, skill development and employment opportunities should be made available for each
and every seafarer.

Title 3: Accommodation, Recreational Facilities, Food and Catering

The title specifies rules detailed rules for accommodation and recreational facilities, as well as food
and catering.
Accommodation: Accommodation for living and/or working should be "promoting the seafarers'
health and well-being". Detailed provisions (in rules and guidelines) give minimum requirements for
various types of rooms (mess rooms, recreational rooms, dorms etc.).
Food and Catering: Both food quality and quantity, including water should be regulated in the flag
state. Furthermore, cooks should have proper training.

Title 4: Health Protection, Medical Care, Welfare and Social Security Protection
Title 4 consists of 5 regulations about Health, Liability, Medical care, Welfare and Social
security.
Medical care on board ship and ashore: Seafarers should be covered for and have access to medical
care while on board; in principle at no cost and of a quality comparable to the standards of health care
on shore. Countries through which territory a ship is passing should guarantee treatment on shore in
serious cases.
Shipowners' liability: Seafarers should be protected from the financial effects of "sickness, injury or
death occurring in connection with their employment". This includes at least 16 weeks of payment of
wages after start of sickness.
Health and safety protection and accident prevention: A safe and hygienic environment should be
provided to seafarers both during working and resting hours and measures should be taken to take
reasonable safety measures.
Access to shore-based welfare facilities: Port states should provide "welfare, cultural, recreational
and information facilities and services" and to provide easy access to these services. The access to
these facilities should be open to all seafarers irrespective of race, sex, religion or political opinion.
Social security: Social security coverage should be available to seafarers (and in case it is customary
in the flag state: their relatives).

Title 5: Compliance and Enforcement

Title 5 sets standards to ensure compliance with the convention. The title distinguishes
requirements for flag state and port state control.
Flag states: Flag states (the state under which flag the ship operates) are responsible for ensuring
implementation of the rules on the ships that fly its flag. Detailed inspections result in the issue of a
"Certificate of Maritime Compliance", which should always be present (and valid) on a ship. Ships
are required to have decent complaints procedures in place for its crew and should institute
investigations in case of casualties.
Port States: The inspection in ports depends on whether a Certificate of Maritime Compliance is
present (and thus a flag is flown of a country which has ratified the convention). If the Certificate is
present, compliance is to be assumed in principle, and further investigations only take place if the
certificate is not in order or there are indications of non-compliance. For ships that don't have the
certificate, inspections are much more detailed and should ensure -according to a "no more favorable
treatment principle"[6] that the ship has complied with the provisions of the convention. The
convention is thus -indirectly- also valid for ships of non-member countries if they plan to call to ports
of a member state.
Labour agencies: Agencies supplying on maritime workers to ships should also be inspected to
ensure that they apply the convention (among others the regulations regarding to social security).

Ratifications
As of October 2019, the treaty has been ratified by 94 countries, many of which are large flag states in
terms of the tonnage they transport. The European Union advised its (then) 27 members to ratify the
treaty by 31 December 2010.[8] The EU Decision provides: "Member States are hereby authorised to
ratify, for the parts falling under Community competence, the Maritime Labour Convention, 2006, of
the International Labour Organisation, adopted on 7 February 2006. Member States should make
efforts to take the necessary steps to deposit their instruments of ratification of the Convention with
the Director-General of the International Labour Office as soon as possible, preferably before 31
December 2010." As of Octobber 2019, 24 countries had done so, while Croatia did so before it
entered the European Union. The convention entered into force on 20 August 2013 for the 30
countries that ratified it prior to 20 August 2013. For other countries, the convention enters into force
one year after registration of their instrument of ratification.

India ratified on 09 Oct 2015 and entry into force on 09 Oct 2016
 SOLAS 1974 - International Convention for the
Safety of Life at Sea
Adoption: 1 November 1974; Entry into force: 25 May 1980
The SOLAS Convention in its successive forms is generally regarded as the most important of all
international treaties concerning the safety of merchant ships. The first version was adopted in 1914,
in response to the Titanic disaster, the second in 1929, the third in 1948, and the fourth in 1960. The
1974 version includes the tacit acceptance procedure - which provides that an amendment shall enter
into force on a specified date unless, before that date, objections to the amendment are received from
an agreed number of Parties.
As a result the 1974 Convention has been updated and amended on numerous occasions. The
Convention in force today is sometimes referred to as SOLAS, 1974, as amended.

Technical provisions
The main objective of the SOLAS Convention is to specify minimum standards for the construction,
equipment and operation of ships, compatible with their safety. Flag States are responsible for
ensuring that ships under their flag comply with its requirements, and a number of certificates are
prescribed in the Convention as proof that this has been done. Control provisions also allow
Contracting Governments to inspect ships of other Contracting States if there are clear grounds for
believing that the ship and its equipment do not substantially comply with the requirements of the
Convention - this procedure is known as port State control. The current SOLAS Convention includes
Articles setting out general obligations, amendment procedure and so on, followed by an Annex
divided into 14 Chapters.

Chapter I - General Provisions

Includes regulations concerning the survey of the various types of ships and the issuing of documents
signifying that the ship meets the requirements of the Convention. The Chapter also includes
provisions for the control of ships in ports of other Contracting Governments.

Chapter II-1 - Construction - Subdivision and stability, machinery and electrical installations
The subdivision of passenger ships into watertight compartments must be such that after assumed
damage to the ship's hull the vessel will remain afloat and stable. Requirements for watertight
integrity and bilge pumping arrangements for passenger ships are also laid down as well as stability
requirements for both passenger and cargo ships.

The degree of subdivision - measured by the maximum permissible distance between two adjacent
bulkheads - varies with ship's length and the service in which it is engaged. The highest degree of
subdivision applies to passenger ships.

Requirements covering machinery and electrical installations are designed to ensure that services
which are essential for the safety of the ship, passengers and crew are maintained under various
emergency conditions.

"Goal-based standards" for oil tankers and bulk carriers were adopted in 2010, requiring new ships to
be designed and constructed for a specified design life and to be safe and environmentally friendly, in
intact and specified damage conditions, throughout their life. Under the regulation, ships should have
adequate strength, integrity and stability to minimize the risk of loss of the ship or pollution to the
marine environment due to structural failure, including collapse, resulting in flooding or loss of
watertight integrity.

Chapter II-2 - Fire protection, fire detection and fire extinction

Includes detailed fire safety provisions for all ships and specific measures for passenger ships, cargo
ships and tankers.

They include the following principles: division of the ship into main and vertical zones by thermal
and structural boundaries; separation of accommodation spaces from the remainder of the ship by
thermal and structural boundaries; restricted use of combustible materials; detection of any fire in the
zone of origin; containment and extinction of any fire in the space of origin; protection of the means
of escape or of access for fire-fighting purposes; ready availability of fire-extinguishing appliances;
minimization of the possibility of ignition of flammable cargo vapour.

Chapter III - Life-saving appliances and arrangements

The Chapter includes requirements for life-saving appliances and arrangements, including
requirements for life boats, rescue boats and life jackets according to type of ship. The International
Life-Saving Appliance (LSA) Code gives specific technical requirements for LSAs and is mandatory
under Regulation 34, which states that all life-saving appliances and arrangements shall comply with
the applicable requirements of the LSA Code.

Chapter IV - Radiocommunications
The Chapter incorporates the Global Maritime Distress and Safety System (GMDSS). All passenger
ships and all cargo ships of 300 gross tonnage and upwards on international voyages are required to
carry equipment designed to improve the chances of rescue following an accident, including satellite
emergency position indicating radio beacons (EPIRBs) and search and rescue transponders (SARTs)
for the location of the ship or survival craft.
Regulations in Chapter IV cover undertakings by contracting governments to provide
radiocommunication services as well as ship requirements for carriage of radiocommunications
equipment. The Chapter is closely linked to the Radio Regulations of the International
Telecommunication Union.

Chapter V - Safety of navigation

Chapter V identifies certain navigation safety services which should be provided by Contracting
Governments and sets forth provisions of an operational nature applicable in general to all ships on all
voyages. This is in contrast to the Convention as a whole, which only applies to certain classes of ship
engaged on international voyages.

The subjects covered include the maintenance of meteorological services for ships; the ice patrol
service; routeing of ships; and the maintenance of search and rescue services.

This Chapter also includes a general obligation for masters to proceed to the assistance of those in
distress and for Contracting Governments to ensure that all ships shall be sufficiently and efficiently
manned from a safety point of view.

The chapter makes mandatory the carriage of voyage data recorders (VDRs) and automatic ship
identification systems (AIS).

Chapter VI - Carriage of Cargoes

The Chapter covers all types of cargo (except liquids and gases in bulk) "which, owing to their
particular hazards to ships or persons on board, may require special precautions". The regulations
include requirements for stowage and securing of cargo or cargo units (such as containers). The
Chapter requires cargo ships carrying grain to comply with the International Grain Code.

Chapter VII - Carriage of dangerous goods

The regulations are contained in three parts:
Part A - Carriage of dangerous goods in packaged form - includes provisions for the classification,
packing, marking, labelling and placarding, documentation and stowage of dangerous goods.
Contracting Governments are required to issue instructions at the national level and the Chapter
makes mandatory the International Maritime Dangerous Goods (IMDG) Code, developed by IMO,
which is constantly updated to accommodate new dangerous goods and to supplement or revise
existing provisions.

Part A-1 - Carriage of dangerous goods in solid form in bulk - covers the documentation, stowage and
segregation requirements for these goods and requires reporting of incidents involving such goods.

Part B covers Construction and equipment of ships carrying dangerous liquid chemicals in bulk and
requires chemical tankers to comply with the International Bulk Chemical Code (IBC Code).

Part C covers Construction and equipment of ships carrying liquefied gases in bulk and gas carriers to
comply with the requirements of the International Gas Carrier Code (IGC Code).

Part D includes special requirements for the carriage of packaged irradiated nuclear fuel, plutonium
and high-level radioactive wastes on board ships and requires ships carrying such products to comply
with the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and
High-Level Radioactive Wastes on Board Ships (INF Code).

The chapter requires carriage of dangerous goods to be in compliance with the relevant provisions of
the International Maritime Dangerous Goods Code (IMDG Code).

Chapter VIII - Nuclear ships

Gives basic requirements for nuclear-powered ships and is particularly concerned with radiation
hazards. It refers to detailed and comprehensive Code of Safety for Nuclear Merchant Ships which
was adopted by the IMO Assembly in 1981.

Chapter IX - Management for the Safe Operation of Ships

The Chapter makes mandatory the International Safety Management (ISM) Code, which requires a
safety management system to be established by the shipowner or any person who has assumed
responsibility for the ship (the "Company").

Chapter X - Safety measures for high-speed craft

The Chapter makes mandatory the International Code of Safety for High-Speed Craft (HSC Code).

Chapter XI-1 - Special measures to enhance maritime safety

The Chapter clarifies requirements relating to authorization of recognized organizations (responsible
for carrying out surveys and inspections on Administrations' behalves); enhanced surveys; ship
identification number scheme; and port State control on operational requirements.

Chapter XI-2 - Special measures to enhance maritime security

Regulation XI-2/3 of the chapter enshrines the International Ship and Port Facilities Security Code
(ISPS Code). Part A of the Code is mandatory and part B contains guidance as to how best to comply
with the mandatory requirements. Regulation XI-2/8 confirms the role of the Master in exercising his
professional judgement over decisions necessary to maintain the security of the ship. It says he shall
not be constrained by the Company, the charterer or any other person in this respect.

Regulation XI-2/5 requires all ships to be provided with a ship security alert system. ,Regulation XI-
2/6 covers requirements for port facilities, providing among other things for Contracting Governments
to ensure that port facility security assessments are carried out and that port facility security plans are
developed, implemented and reviewed in accordance with the ISPS Code. Other regulations in this
chapter cover the provision of information to IMO, the control of ships in port, (including measures
such as the delay, detention, restriction of operations including movement within the port, or
expulsion of a ship from port), and the specific responsibility of Companies.
Chapter XII - Additional safety measures for bulk carriers
The Chapter includes structural requirements for bulk carriers over 150 metres in length.
Chapter XIII - Verification of compliance
Makes mandatory from 1 January 2016 the IMO Member State Audit Scheme.
Chapter XIV - Safety measures for ships operating in polar waters
The chapter makes mandatory, from 1 January 2017, the Introduction and part I-A of the International
Code for Ships Operating in Polar Waters (the Polar Code).
Amendments
The 1974 Convention has been amended many times to keep it up to date. See History of SOLAS.
Amendments adopted by the Maritime Safety Committee (MSC) are listed in MSC Resolutions.

Hong Kong International Convention For The Safe And Environmentally Sound Recycling of Ships,
2009
Adoption: 15 May 2009; Entry into force: 24 months after ratification by 15 States, representing 40
per cent of world merchant shipping by gross tonnage, combined maximum annual ship recycling
volume not less than 3 per cent of their combined tonnage
The Hong Kong Convention) is aimed at ensuring that ships, when being recycled after reaching the
end of their operational lives, do not pose any unnecessary risk to human health and safety or to the
environment.

The Hong Kong Convention was adopted at a Diplomatic Conference held in Hong Kong, China, in
May 2009 and was developed with input from IMO Member States and non governmental
organizations, and in co-operation with the International Labour Organization and the Parties to the
Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their
Disposal. It intends to address all the issues around ship recycling, including the fact that ships sold
for scrapping may contain environmentally hazardous substances such as asbestos, heavy metals,
hydrocarbons, ozone depleting substances and others. It will address concerns about working and
environmental conditions in many of the world's ship recycling facilities.

Regulations in the new Convention cover: the design, construction, operation and preparation of ships
so as to facilitate safe and environmentally sound recycling, without compromising the safety and
operational efficiency of ships; the operation of ship recycling facilities in a safe and environmentally
sound manner; and the establishment of an appropriate enforcement mechanism for ship recycling,
incorporating certification and reporting requirements.

Ships to be sent for recycling will be required to carry an inventory of hazardous materials, which will
be specific to each ship. An appendix to the Convention provides a list of hazardous materials, the
installation or use of which is prohibited or restricted in shipyards, ship repair yards, and ships of
Parties to the Convention. Ships will be required to have an initial survey to verify the inventory of
hazardous materials, renewal surveys during the life of the ship, and a final survey prior to recycling.

Ship recycling yards will be required to provide a Ship Recycling Plan, to specify the manner in
which each individual ship will be recycled, depending on its particulars and its inventory. Parties will
be required to take effective measures to ensure that ship recycling facilities under their jurisdiction
comply with the Convention.
A series of guidelines are being finalized to assist in the Convention's implementation.
 Load Lines, 1966/1988 - International Convention
on Load Lines, 1966, as Amended by the Protocol of
1988
The International Convention on Load Lines (CLL), was signed in London on 5 April 1966, amended
by the 1988 Protocol and further revised in 2003. The convention pertains specifically to a ship's load
line (also referred to as the "waterline"), a marking of the highest point on a ship's hull that can safely
meet the surface of the water; a ship that is loaded to the point where its load line is underwater and
no longer visible has exceeded its draft and is in danger because its capacity has been exceeded.
The 1988 Protocol was adopted to harmonise the survey and certification requirement of the 1966
Convention with those contained in the International Convention for the Safety of Life at
Sea (SOLAS) and MARPOL 73/78.
In accordance with the International Convention on Load Lines (CLL 66/88), all assigned load lines
must be marked amidships on each side of the ships engaged in international voyages. The
determinations of the freeboard of ships are calculated and/or verified by classification
societies which issue International Load Line Certificates in accordance with the legislation of
participating States.

The regulations take into account the potential hazards present in different zones and different seasons. The
technical annex contains several additional safety measures concerning doors, freeing ports, hatchways and
other items. The main purpose of these measures is to ensure the watertight integrity of ships' hulls below the
freeboard deck.

All assigned load lines must be marked amidships on each side of the ship, together with the deck line. Ships
intended for the carriage of timber deck cargo are assigned a smaller freeboard as the deck cargo provides
protection against the impact of waves

The Convention includes three annexes.

Annex I is divided into four Chapters:
Chapter I - General;
Chapter II - Conditions of assignment of freeboard;
Chapter III - Freeboards;
Chapter IV - Special requirements for ships assigned timber freeboards.
Annex II covers Zones, areas and seasonal periods.
Annex III contains certificates, including the International Load Line Certificate.

Various amendments were adopted in 1971, 1975, 1979, and 1983 but they required positive
acceptance by two-thirds of Parties and never came into force.

The 1988 Protocol, adopted in November 1988, entered into force on 3 February 2000. As well as
harmonizing the Convention's survey and certification requirement with those contained in the
SOLAS and MARPOL conventions, the 1988 Protocol revised certain regulations in the technical
Annexes to the Load Lines Convention and introduced the tacit amendment procedure, so that
amendments adopted will enter into force six months
 The International Safety Management (ISM) Code
Annex to IMO Assembly Resolution A.741(18) –
1993
as amended by MSC.104(73), MSC.179(79),
MSC.195(80) and MSC.273(85)
PREAMBLE
The purpose of this Code is to provide an international standard for the safe management and
operation of ships and for pollution prevention.

The Assembly adopted resolution A.443(XI) by which it invited all Governments to take the
necessary steps to safeguard the shipmaster in the proper discharge of his responsibilities with regard
to maritime safety and the protection of the marine environment.

The Assembly also adopted resolution A.680(17) by which it further recognized the need for
appropriate organization of management to enable it to respond to the need of those on board ships to
achieve and maintain high standards of safety and environmental protection.

Recognizing that no two shipping companies or shipowners are the same, and that ships operate under
a wide range of different conditions, the Code is based on general principles and objectives.

The Code is expressed in broad terms so that it can have a widespread application. Clearly, different
levels of management, whether shore-based or at sea, will require varying levels of knowledge and
awareness of the items outlined.

The cornerstone of good safety management is commitment from the top. In matters of safety and
pollution prevention it is the commitment, competence, attitudes and motivation of individuals at all
levels that determines the end result.

1. GENERAL
1.1 Definitions
1.1.1 "International Safety Management (ISM) Code" means the International Management Code for
the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be
amended by the Organization.
1.1.2 "Company" means the Owner of the ship or any other organization or person such as the
Manager, or the Bareboat Charterer, who has assumed the responsibility for operation of the ship from
the Shipowner and who on assuming such responsibility has agreed to take over all the duties and
responsibility imposed by the Code.
1.1.3 "Administration" means the Government of the State whose flag the ship is entitled to fly.
1.2 Objectives
1.2.1 The objectives of the Code are to ensure safety at sea, prevention of human injury or loss of life,
and avoidance of damage to the environment, in particular, to the marine environment, and to
property.
1.2.2 Safety management objectives of the Company should, inter alia:
provide for safe practices in ship operation and a safe working environment;
establish safeguards against all identified risks; and
continuously improve safety management skills of personnel ashore and aboard ships, including
preparing for emergencies related both to safety and environmental protection.
1.2.3 The safety and management system should ensure:
compliance with mandatory rules and regulations; and
that applicable codes, guidelines and standards recommended by the Organization, Administrations,
classification societies and maritime industry organizations are taken into account.
1.3 Application
The requirements of this Code may be applied to all ships.
1.4 Functional requirements for a Safety Management System (SMS)
Every Company should develop, implement and maintain a Safety Management System (SMS) which
includes the following functional requirements:
a safety and environmental protection policy;

instructions and procedures to ensure safe operation of ships and protection of the environment in
compliance with relevant international and flag State legislation;
defined levels of authority and lines of communication between, and amongst, shore and shipboard
personnel;
procedures for reporting accidents and non-conformities with the provisions of this Code;
procedures to prepare for and respond to emergency situations; and
procedures for internal audits and management reviews.

2. SAFETY AND ENVIRONMENTAL PROTECTION POLICY

2.1 The Company should establish a safety and environmental protection policy which describes how
the objectives, given in paragraph 1.2, will be achieved.
2.2 The Company should ensure that the policy is implemented and maintained at all levels of the
organization both ship based as well as shore based.

3. COMPANY RESPONSIBILITIES AND AUTHORITY

3.1 If the entity who is responsible for the operation of the ship is other than the owner, the owner
must report the full name and details of such entity to the Administration.
3.2 The Company should define and document the responsibility, authority and interrelation of all
personnel who manage, perform and verify work relating to and affecting safety and pollution
prevention.
3.3 The Company is responsible for ensuring that adequate resources and shore based support are
provided to enable the designated person or persons to carry out their functions.

4. DESIGNATED PERSON(S)
To ensure the safe operation of each ship and to provide a link between the company and those on
board, every company, as appropriate, should designate a person or persons ashore having direct
access to the highest level of management. The responsibility and authority of the designated person
or persons should include monitoring the safety and pollution prevention aspects of the operation of
each ship and to ensure that adequate resources and shore based support are applied, as required.

5. MASTER'S RESPONSIBILITY AND AUTHORITY

5.1 The Company should clearly define and document the master's responsibility with regard to:
implementing the safety and environmental protection policy of the Company;
motivating the crew in the observation of that policy;
issuing appropriate orders and instructions in a clear and simple manner;
verifying that specified requirements are observed; and
reviewing the SMS and reporting its deficiencies to the shore based management.
5.2 The Company should ensure that the SMS operating on board the ship contains a clear statement
emphasizing the Master's authority. The Company should establish in the SMS that the master has the
overriding authority and the responsibility to make decisions with respect to safety and pollution
prevention and to request the Company's assistance as may be necessary.
6. RESOURCES AND PERSONNEL
6.1 The Company should ensure that the master is:
properly qualified for command;
fully conversant with the Company's SMS; and
given the necessary support so that the Master's duties can be safely performed.
6.2 The Company should ensure that each ship is manned with qualified, certificated and medically fit
seafarers in accordance with national and international requirements.
6.3 The Company should establish procedures to ensure that new personnel and personnel transferred
to new assignments related to safety and protection of the environment are given proper
familiarization with their duties. Instructions which are essential to be provided prior to sailing should
be identified, documented and given.
6.4 The Company should ensure that all personnel involved in the Company's SMS have an adequate
understanding of relevant rules, regulations, codes and guidelines.
6.5 The Company should establish and maintain procedures for identifying any training which may be
required in support of the SMS and ensure that such training is provided for all personnel concerned.
6.6 The Company should establish procedures by which the ship's personnel receive relevant
information on the SMS in a working language or languages understood by them.
6.7 The Company should ensure that the ship's personnel are able to communicate effectively in the
execution of their duties related to the SMS.

7. DEVELOPMENT OF PLANS FOR SHIPBOARD OPERATIONS

The Company should establish procedures for the preparation of plans and instructions for key
shipboard operations concerning the safety of the ship and the prevention of pollution. The various
tasks involved should be defined and assigned to qualified personnel.

8. EMERGENCY PREPAREDNESS
8.1 The Company should establish procedures to identify, describe and respond to potential
emergency shipboard situations.
8.2 The Company should establish programmes for drills and exercises to prepare for emergency
actions.
8.3 The SMS should provide for measures ensuring that the Company's organization can respond at
any time to hazards, accidents and emergency situations involving its ships.

9. REPORTS AND ANALYSIS OF NON-CONFORMITIES, ACCIDENTS AND

HAZARDOUS OCCURRENCES
9.1 The SMS should include procedures ensuring that non-conformities, accidents and hazardous
situations are reported to the Company, investigated and analyzed with the objective of improving
safety and pollution prevention.
9.2 The Company should establish procedures for the implementation of corrective action.

10. MAINTENANCE OF THE SHIP AND EQUIPMENT

10.1 The Company should establish procedures to ensure that the ship is maintained in conformity
with the provisions of the relevant rules and regulations and with any additional requirements which
may be established by the Company.
10.2 In meeting these requirements the Company should ensure that:
inspections are held at appropriate intervals;
any non-conformity is reported with its possible cause, if known;
appropriate corrective action is taken; and
records of these activities are maintained.
10.3 The Company should establish procedures in SMS to identify equipment and technical systems
the sudden operational failure of which may result in hazardous situations. The SMS should provide
for specific measures aimed at promoting the reliability of such equipment or systems. These
measures should include the regular testing of stand-by arrangements and equipment or technical
systems that are not in continuous use.
10.4 The inspections mentioned in 10.2 as well as the measures referred to 10.3 should be integrated
in the ship's operational maintenance routine.

11. DOCUMENTATION
11.1 The Company should establish and maintain procedures to control all documents and data which
are relevant to the SMS.
11.2 The Company should ensure that:
valid documents are available at all relevant locations;
changes to documents are reviewed and approved by authorized personnel; and
obsolete documents are promptly removed.
11.3 The documents used to describe and implement the SMS may be referred to as the "Safety
Management Manual". Documentation should be kept in a form that the Company considers most
effective. Each ship should carry on board all documentation relevant to that ship.

12. COMPANY VERIFICATION, REVIEW AND EVALUATION

12.1 The Company should carry out internal safety audits to verify whether safety and pollution
prevention activities comply with the SMS.
12.2 The Company should periodically evaluate the efficiency and when needed review the SMS in
accordance with procedures established by the Company.
12.3 The audits and possible corrective actions should be carried out in accordance with documented
procedures.
12.4 Personnel carrying out audits should be independent of the areas being audited unless this is
impracticable due to the size and the nature of the Company.
12.5 The results of the audits and reviews should be brought to the attention of all personnel having
responsibility in the area involved.
12.6 The management personnel responsible for the area involved should take timely corrective action
on deficiencies found.

13. CERTIFICATION, VERIFICATION AND CONTROL

13.1 The ship should be operated by a Company which is issued a document of compliance relevant
to that ship.
13.2 A document of compliance should be issued for every Company complying with the
requirements of the ISM Code by the Administration, by an organization recognized by the
Administration or by the Government of the country, acting on behalf of the Administration in which
the Company has chosen to conduct its business. This document should be accepted as evidence that
the Company is capable of complying with the requirements of the Code.
13.3 A copy of such a document should be placed on board in order that the Master, if so asked, may
produce it for the verification of the Administration or organizations recognized by it.
13.4 A Certificate, called a Safety Management Certificate, should be issued to a ship by the
Administration or organization recognized by the Administration. The Administration should, when
issuing a certificate, verify that the Company and its shipboard management operate in accordance
with the approved SMS.
13.5 The Administration or an organization recognized by the Administration should periodically
verify the proper functioning of the ship's SMS as approved.

ISM CODE is in two parts: A and B

PART A – IMPLEMENTATION
1 GENERAL – Definitions
2 SAFETY AND ENVIRONMENTAL-PROTECTION POLICY
3 COMPANY RESPONSIBILITIES AND AUTHORITY
4 DESIGNATED PERSON(S)
5 MASTER’S RESPONSIBILITY AND AUTHORITY
6 RESOURCES AND PERSONNEL
7 SHIPBOARD OPERATIONS
8 EMERGENCY PREPAREDNESS
9 REPORTS AND ANALYSIS OF NON-CONFORMITIES, ACCIDENTS AND HAZARDOUS
OCCURRENCES
10 MAINTENANCE OF THE SHIP AND EQUIPMENT
11 DOCUMENTATION
12 COMPANY VERIFICATION, REVIEW AND EVALUATION

PART B – CERTIFICATION AND VERIFICATION

13 CERTIFICATION AND PERIODICAL VERIFICATION
14 INTERIM CERTIFICATION
15 VERIFICATION
16 FORMS OF CERTIFICATES

Port State Control

Port State Control (PSC) is the inspection of foreign ships in national ports to verify that the condition of the
ship and its equipment comply with the requirements of international regulations and that the ship is manned
and operated in compliance with these rules.

These inspections were originally intended to be a back up to flag State implementation, but experience has
shown that they can be extremely effective. The Organization adopted resolution A.682(17) on Regional co-
operation in the control of ships and discharges promoting the conclusion of regional agreements. A ship going
to a port in one country will normally visit other countries in the region and it can, therefore, be more efficient if
inspections can be closely coordinated in order to focus on substandard ships and to avoid multiple inspections.

This ensures that as many ships as possible are inspected but at the same time prevents ships being delayed by
unnecessary inspections. The primary responsibility for ships' standards rests with the flag State - but port State
control provides a "safety net" to catch substandard ships.

A memorandum of understanding (MOU or MoU) is a formal agreement between two or more

parties. Companies and organizations can use MOUs to establish official partnerships. MOUs are not
legally binding but they carry a degree of seriousness and mutual respect, stronger than a gentlemen’s
agreement.

Nine regional agreements on port State control - Memoranda of Understanding or MoUs - have been
signed:
Europe and the north Atlantic (Paris MoU);
Asia and the Pacific (Tokyo MoU);
Latin America (Acuerdo de Viña del Mar);
Caribbean (Caribbean MoU);
West and Central Africa (Abuja MoU);
the Black Sea region (Black Sea MoU);
the Mediterranean (Mediterranean MoU);
the Indian Ocean (Indian Ocean MoU);
and the Riyadh MoU.
The United States Coast Guard maintain the tenth PSC regime.

IMO hosted six Workshops for PSC MoU/Agreement Secretaries and Database Managers. The Workshops were
funded by the IMO Technical Cooperation Fund and aimed to provide support to regional port State control
regimes by establishing a platform for cooperation and also providing a forum for the people involved to meet
and exchange ideas and experiences. They also aimed to encourage harmonization and coordination of PSC
activities and the development of practical recommendations which can be forwarded to IMO for further
examination by the Organization's relevant Committees and Sub-Committees.

As per the MOU between different port states, they have common documented standards and
procedures for the ship inspection, and they have a common database for the inspected ships.
No port state control can inspect all the ships calling their ports.
Each ship is assigned a risk profile factor based upon the
type of ship
age of the ship
Flag of the ship
Classification society of the ship
Performance of the Ship’s ISM company
History of the ship

Not only the ship’s performance acts as a factor for ship risk profile but it also takes into account the
performance of the company.

Type of PSC inspections

When a PSC inspector boards the vessel, he would conduct one of the four types of PSC inspections.
These inspection types are
-Initial Inspection
An initial inspection is a general inspection of certificates and a round on deck, engine room, galley
and other common areas.

-More detailed inspection

During an initial inspection or expanded inspection of the ship, the PSC inspector may have certain
findings (Clear grounds) that point out to the non-compliance with certain regulations.
In this case, the PSC inspector would change the scope of the inspection to more detailed inspection.
Few examples of clear ground could be
A missing mandatory certificate
Oil record book entries that do not add up and points towards a possible Marpol violation. PSC
inspector will focus on checking Marpol elements during the more detailed inspection.
Crew members not aware of their duties during fire emergencies and abandon ship. In this case, PSC
inspector would concentrate more on emergency preparedness of the ship during a more detailed
inspection.
Multiple violations of the rest hours. In this case, PSC inspector would focus on MLC related
elements during the more detailed inspection.

-Expanded inspection
Expanded inspection is the initial inspection with a wider scope.
It is generally carried out on ships that fall under higher risk category compared to other ships.
For example, for Paris MOU, the expanded inspection is done for ships
Oil tankers over 15 years old and over 3,000GT
Gas and chemical tankers over ten years old
Bulk Carriers over 12 years old
Passenger ships over 15 years old
As expanded inspections would require more time compared to the initial inspections, Paris MOU
requires the ships to report to the PSC before arrival if their ship falls under high-risk category.

-Concentrated inspection campaign

Port state control MoUs runs campaigns to concentrate their inspection on any one area of ship
operation.
These areas are chosen in the MoU meetings.
For example, Paris MoU and Tokyo MoU have started concentrated inspection campaign
on navigation safety which will be carried out from September 2017 to November 2017.
During this campaign period, PSC inspector during usual ship inspections will check certain areas
related to the campaign.
The information on areas to be checked are developed as a questionnaire. PSC inspector follows this
questionnaire and he will answer each question based on the findings of the ship.
Here is the questionnaire for the navigation concentrated inspection campaign by Paris MoU.

At the end of the campaign, port state control MoU posts the detailed findings of the campaign.

At the beginning of the inspection, PSC inspector will let the master know about the type of
inspection he would be conducting. Even during an initial inspection, if the PSC inspector has the
reasons for more detailed inspection, he will let the master know that the scope of inspection has now
changed and now the inspection is “More detailed inspection”.

PSC inspection results

Irrespective of the type of PSC inspection carried out on board, either it will result in no deficiencies
or some deficiencies.
If there are no deficiencies, we just file the PSC inspection report and inform the company about the
PSC inspection.
If there are deficiencies, these deficiencies can fall under one of these three categories.
Detainable deficiency
Deficiency that needs to be corrected before departure
Deficiency that needs to be corrected within a time range
Detainable deficiency
If the ship is detained because of one or more observed deficiencies, the PSC inspector will provide a
“notice of detention” to the master.
Once the detainable deficiencies are rectified, the master needs to contact the port state control officer
for verification of the corrective actions.
The port state control officer will board the vessel and conduct the verification of the corrective action
taken and rectification of deficiencies.
When satisfied, the PSC will issue the “notification of release” of the ship.
Master of the ship must ensure that a copy of the notice of release of the ship is on board before the
vessel leaves the port.
Deficiency that needs to be corrected before departure
There can be a deficiency that PSC wants the ship to correct before departure. The action code for
such deficiency is “Code 17″.
Upon receiving such deficiency, the master of the ship must clarify with the PSC inspector if re-
verification this port will be required to close this deficiency.
For most of the port state controls, the statement of the master that the deficiency has been rectified is
enough.
For example, PSCs under Paris MoU does not require the PSC inspector to verify the rectification of
such deficiency.
Even then, it is a good practice to send an email to the Port state control informing them of the fact
that the identified deficiency has been rectified.
A copy of this email can be attached to the PSC report.
Deficiency that needs to be corrected within a time range
Apart from detainable deficiency and Code 17 deficiencies, PSC inspector may give deficiencies with
action code such as
To be corrected at next port (Code 15)
To be rectified within 14 days (Code 16)
In this case, if the next port is in same MoU, a request of re-inspection must be sent by the master to
the port state control intimating that deficiency has been rectified.
If it is in different MoU, then an email should be sent to the PSC confirming that the deficiency has
been rectified.
Again, for code 16 deficiencies too, the master must send an email to the PSC within 14 days
confirming that deficiency has been rectified.

Conclusion
The whole idea of the port state control is to give no operating space to the sub-standard ships.
The only way to eradicate the sub-standard ships is to inspect the ships. But no port state can have so
many resources to inspect each ship that call their ports.
Having regional cooperation between different port states (PSC MoUs) eliminated the need for
inspecting each ship.
Port state controls under the same MoU shared the ship inspections results with a common database.
Assigning a risk factor to each ship set the priority for inspection of a ship. With this, the ships with
higher risk profile were given a priority for inspection over the ships with lower risk profile.
 UNIT 5: OTHER CONVENTIONS
AND CODES

Convention on Limitation of Liability for

Maritime Claims (LLMC)
Adoption: 19 November 1976; Entry into force: 1 December 1986;
Protocol of 1996: Adoption: 2 May 1996; Entry into force: 13 May 2004

The Convention replaced the International Convention Relating to the Limitation of the Liability of
Owners of Seagoing Ships, which was signed in Brussels in 1957, and came into force in 1968.

Under the 1976 Convention, the limit of liability for claims covered is raised considerably, in some
cases up to 250-300 per cent. Limits are specified for two types of claims - claims for loss of life or
personal injury, and property claims (such as damage to other ships, property or harbour works).

The limits under the 1976 Convention were set at 333,000 SDR for personal claims for ships not
exceeding 500 tons plus an additional amount based on tonnage. For other claims, the limit of liability
was fixed under the 1976 Convention at 167,000 SDR plus additional amounts based on tonnage on
ships exceeding 500 tons.

The Convention provides for a virtually unbreakable system of limiting liability. Ship owners and
salvors may limit their liability, except if "it is proved that the loss resulted from his personal act or
omission, committed with the intent to cause such a loss, or recklessly and with knowledge that such
loss would probably result".

Under the Protocol the amount of compensation payable in the event of an incident being substantially
increased and also introduces a "tacit acceptance" procedure for updating these amounts.

The limit of liability for claims for loss of life or personal injury on ships not exceeding 2,000 gross
tonnage is 2 million SDR.

For larger ships, the following additional amounts are used in calculating the limitation amount:
For each ton from 2,001 to 30,000 tons, 800 SDR
For each ton from 30,001 to 70,000 tons, 600 SDR
For each ton in excess of 70,000, 400 SDR (US$634).
The limit of liability for property claims for ships not exceeding 2,000 gross tonnage is 1 million
SDR.
For larger ships, the following additional amounts are used in calculating the limitation amount:
For each ton from 2,001 to 30,000 tons, 400 SDR
For each ton from 30,001 to 70,000 tons, 300 SDR
For each ton in excess of 70,000, 200 SDR
Amendments to 1996 Protocol
Adoption: 19 April 2012
Entry into force: 8 June 2015

Under the amendments to the 1996 Protocol, the limits are raised as follows:
The limit of liability for claims for loss of life or personal injury on ships not exceeding 2,000 gross
tonnage is 3.02 million SDR (up from 2 million SDR).

For larger ships, the following additional amounts are used in calculating the limitation amount:

• For each ton from 2,001 to 30,000 tons, 1,208 SDR (up from 800 SDR)
• For each ton from 30,001 to 70,000 tons, 906 SDR (up from 600 SDR)
• For each ton in excess of 70,000, 604 SDR (up from 400 SDR).

The limit of liability for property claims for ships not exceeding 2,000 gross tonnage is 1.51 million
SDR (up from 1 million SDR).

For larger ships, the following additional amounts are used in calculating the limitation amount:
• For each ton from 2,001 to 30,000 tons, 604 SDR (up from 400 SDR)
• For each ton from 30,001 to 70,000 tons, 453 SDR (up from 300 SDR)
• For each ton in excess of 70,000 tons, 302 SDR (up from 200 SDR).

Special Drawing Rights

The daily conversion rates for Special Drawing Rights (SDRs) can be found on the International
Monetary Fund IMF website: http://www.imf.org/ )

Special Drawing Rights

The daily conversion rates for Special Drawing Rights (SDRs) can be found on the International
Monetary Fund IMF website: http://www.imf.org/)

CLC 1992
The International Convention on Civil Liability for Oil Pollution Damage, 1969, renewed in 1992 and
often referred to as the CLC Convention, is an international maritime treaty administered by
the International Maritime Organization that was adopted to ensure that adequate compensation would
be available where oil pollution damage was caused by maritime casualties involving oil tankers (i.e.
ships that carry oil as cargo).

Liability
The convention introduces strict liability for ship owners.
In cases when the ship owner is deemed guilty of fault for an instance of oil pollution, the convention
does not cap liability.
When the ship owner is not at fault, the convention caps liability at between 3 million special drawing
rights (SDR) for a ship of 5,000 GT to 59.7 million SDR for ships over 140,000 GT.

The 2000 Amendments

Adoption: 18 October 2000
Entry into force: 1 November 2003

The amendments raised the compensation limits by 50 percent compared to the limits set in the 1992
Protocol, as follows:
For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51 million SDR (US$5.78
million) For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR plus 631
SDR for each additional gross tonne over 5,000 For a ship over 140,000 gross tonnage: liability is
limited to 89.77 million SDR
The HNS Convention to compensation for damages occurring from spill of dangerous goods is based
on the same legal framework.

Insurance
If a ship carries more than 2000 tons of oil in cargo, CLC requires ship owners to maintain "insurance
or other financial security" sufficient to cover the maximum liability for one oil spill

Coverage
As of September 2016, 136 states, representing 97.5 per cent of the world fleet, are contracting parties
to the CLC Protocol of 1992, which amends the original CLC Convention.

The United States of America is not a signatory to CLC, despite considerable involvement in its
formulation. This is due to significant nation legislation such as the Oil Pollution Act, 1990, so
signing the CLC was deemed unnecessary.

The 1992 Fund Convention

The 1992 Fund Convention, which is supplementary to the 1992 CLC, establishes a regime for
compensating victims when compensation under the 1992 CLC is not available or is inadequate.
The International Oil Pollution Compensation Fund, 1992 (1992 Fund) was set up under the 1992
Fund Convention.

The 1992 Fund pays compensation when:

the damage exceeds the limit of the ship owner’s liability under the 1992 CLC,
or the ship owner is exempt from liability under the 1992 CLC, or
the ship owner is financially incapable of meeting his obligations in full under the 1992 CLC
and the insurance is insufficient to pay valid compensation claims.

The maximum compensation payable by the 1992 Fund is 203 million SDR for incidents occurring on
or after 1 November 2003, irrespective of the size of the ship. For incidents occurring before that date,
the maximum amount payable is 135 million SDR. These maximum amounts include the sums
actually paid by the ship owner under the 1992 CLC.
The 1992 Fund is financed by contributions levied on any person who has received in one calendar
year more than 150 000 tonnes of crude oil and/or heavy fuel oil (contributing oil) in a Member State
of the 1992 Fund.

The Supplementary Fund Protocol

The Supplementary Fund Protocol, which was adopted in 2003, entered into force in 2005, thereby
establishing the International Oil Pollution Compensation Supplementary Fund, 2003 (Supplementary
Fund). The Supplementary Fund provides additional compensation beyond the amount
available under the 1992 Fund Convention in 1992 Fund Member States which are also Parties
to the Protocol. The total amount available for compensation for each incident is 750 million SDR,
including the amounts payable under the 1992 Conventions.
Annual contributions to the Supplementary Fund are made on the same basis as contributions to the
1992 Fund. However, the contribution system for the Supplementary Fund differs from that of the
1992 Fund in that, for the purpose of paying contributions, at least 1 million tonnes of contributing oil
are deemed to have been received each year in each Member State.
International Convention on Civil Liability
for Bunker Oil Pollution Damage
(BUNKER)
Adoption: 23 March 2001; Entry into force:
21 November 2008
The Convention was adopted to ensure that adequate, prompt, and effective compensation is
available to persons who suffer damage caused by spills of oil, when carried as fuel in ships'
bunkers. The Convention applies to damage caused on the territory, including the territorial sea, and
in exclusive economic zones of States Parties.

The bunkers convention provides a free-standing instrument covering pollution damage only.
"Pollution damage" means:
(a) loss or damage caused outside the ship by contamination resulting from the escape or discharge of
bunker oil from the ship, wherever such escape or discharge may occur, 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
(b) the costs of preventive measures and further loss or damage caused by preventive measures.
The convention is modelled on the International Convention on Civil Liability for Oil Pollution
Damage, 1969. As with that convention, a key requirement in the bunkers convention is the need for
the registered owner of a vessel to maintain compulsory insurance cover.

Another key provision is the requirement for direct action - this would allow a claim for compensation
for pollution damage to be brought directly against an insurer. The Convention requires ships over
1,000 gross tonnage to maintain insurance or other financial security, such as the guarantee of a bank
or similar financial institution, to cover the liability of the registered owner for pollution damage in an
amount equal to the limits of liability under the applicable national or international limitation regime,
but in all cases, not exceeding an amount calculated in accordance with the Convention on Limitation
of Liability for Maritime Claims, 1976, as amended.

International Convention on Salvage

Adoption: 28 April 1989; Entry into force:
14 July 1996
The Convention replaced a convention on the law of salvage adopted in Brussels in 1910 which
incorporated the "'no cure, no pay" principle under which a salvor is only rewarded for services if the
operation is successful.

Although this basic philosophy worked well in most cases, it did not take pollution into account. A
salvor who prevented a major pollution incident (for example, by towing a damaged tanker away from
an environmentally sensitive area) but did not manage to save the ship or the cargo got nothing. There
was therefore little incentive to a salvor to undertake an operation which has only a slim chance of
success.
The 1989 Convention seeks to remedy this deficiency by making provision for an enhanced salvage
award taking into account the skill and efforts of the salvors in preventing or minimizing damage to
the environment.

Special compensation
The 1989 Convention introduced a "special compensation" to be paid to salvors who have failed to
earn a reward in the normal way (i.e. by salving the ship and cargo).

Damage to the environment is defined as "substantial physical damage to human health or to marine
life or resources in coastal or inland waters or areas adjacent thereto, caused by pollution,
contamination, fire, explosion or similar major incidents."

The compensation consists of the salvor's expenses, plus up to 30% of these expenses if, thanks to the
efforts of the salvor, environmental damage has been minimized or prevented. The salvor's expenses
are defined as "out-of-pocket expenses reasonably incurred by the salvor in the salvage operation and
a fair rate for equipment and personnel actually and reasonably used".

The tribunal or arbitrator assessing the reward may increase the amount of compensation to a
maximum of 100% of the salvor's expenses, "if it deems it fair and just to do so".

If, on the other hand, the salvor is negligent and has consequently failed to prevent or minimize
environmental damage, special compensation may be denied or reduced. Payment of the reward is to
be made by the vessel and other property interests in proportion to their respective salved values.

Convention on the International

Regulations for Preventing Collisions at
Sea, 1972 (COLREGs)
Adoption: 20 October 1972; Entry into
force: 15 July 1977
The 1972 Convention was designed to update and replace the Collision Regulations of 1960 which
were adopted at the same time as the 1960 SOLAS Convention.

One of the most important innovations in the 1972 COLREGs was the recognition given to traffic
separation schemes - Rule 10 gives guidance in determining safe speed, the risk of collision and the
conduct of vessels operating in or near traffic separation schemes.

The first such traffic separation scheme was established in the Dover Strait in 1967. It was operated
on a voluntary basis at first but in 1971 the IMO Assembly adopted a resolution stating that that
observance of all traffic separation schemes be made mandatory - and the COLREGs make this
obligation clear.

Technical provisions
The COLREGs include 41 rules divided into six sections:
Part A - General;
Part B - Steering and Sailing;
Part C - Lights and Shapes;
Part D - Sound and Light signals;
Part E - Exemptions; and
Part F - Verification of compliance with the provisions of the Convention. There are also four
Annexes containing technical requirements concerning lights and shapes and their positioning; sound
signalling appliances; additional signals for fishing vessels when operating in close proximity, and
international distress signals.

Part A - General (Rules 1-3)

Rule 1 states that the rules apply to all vessels upon the high seas and all waters connected to the high
seas and navigable by seagoing vessels.

Rule 2 covers the responsibility of the master, owner and crew to comply with the rules.

Rule 3 includes definitions.

Part B- Steering and Sailing (Rules 4-19)

Section 1 - Conduct of vessels in any condition of visibility (Rules 4-10)

Rule 4 says the section applies in any condition of visibility.

Rule 5 requires that "every vessel shall at all times maintain a proper look-out by sight and hearing as
well as by all available means appropriate in the prevailing circumstances and conditions so as to
make a full appraisal of the situation and of the risk of collision.

Rule 6 deals with safe speed. It requires that: "Every vessel shall at all times proceed at a safe
speed...". The Rule describes the factors which should be taken into account in determining safe
speed. Several of these refer specifically to vessels equipped with radar.The importance of using "all
available means" is further stressed in
Rule 7 covering risk of collision, which warns that "assumptions shall not be made on the basis of
scanty information, especially scanty radar information"

Rule 8 covers action to be taken to avoid collision.

In Rule 9 a vessel proceeding along the course of a narrow channel or fairway is obliged to keep "as
near to the outer limit of the channel or fairway which lies on her starboard side as is safe and
practicable." The same Rule obliges a vessel of less than 20 metres in length or a sailing vessel not to
impede the passage of a vessel "which can safely navigate only within a narrow channel or fairway."

The Rule also forbids ships to cross a narrow channel or fairway "if such crossing impedes the
passage of a vessel which can safely navigate only within such channel or fairway." The meaning "not
to impede" was classified by an amendment to Rule 8 in 1987. A new paragraph (f) was added,
stressing that a vessel which was required not to impede the passage of another vessel should take
early action to allow sufficient sea room for the safe passage of the other vessel. Such vessel was
obliged to fulfil this obligation also when taking avoiding action in accordance with the steering and
sailing rules when risk of collision exists.

Rule 10 of the Collision Regulations deals with the behaviour of vessels in or near traffic separation
schemes adopted by the Organization. By regulation 8 of Chapter V (Safety of Navigation) of
SOLAS, IMO is recognized as being the only organization competent to deal with international
measures concerning the routeing of ships.
The effectiveness of traffic separation schemes can be judged from a study made by the International
Association of Institutes of Navigation (IAIN) in 1981. This showed that between 1956 and 1960
there were 60 collisions in the Strait of Dover; twenty years later, following the introduction of traffic
separation schemes, this total was cut to only 16.
In other areas where such schemes did not exist the number of collisions rose sharply. New traffic
separation schemes are introduced regularly and existing ones are amended when necessary to
respond to changed traffic conditions. To enable this to be done as quickly as possible the MSC has
been authorized to adopt and amend traffic separation schemes on behalf of the Organization.

Rule 10 states that ships crossing traffic lanes are required to do so "as nearly as practicable at right
angles to the general direction of traffic flow." This reduces confusion to other ships as to the crossing
vessel's intentions and course and at the same time enables that vessel to cross the lane as quickly as
possible.

Fishing vessels "shall not impede the passage of any vessel following a traffic lane" but are not
banned from fishing. This is in line with Rule 9 which states that "a vessel engaged in fishing shall not
impede the passage of any other vessel navigating within a narrow channel or fairway."In 1981 the
regulations were amended. Two new paragraphs were added to Rule 10 to exempt vessels which are
restricted in their ability to manoeuvre "when engaged in an operation for the safety of navigation in a
traffic separation scheme" or when engaged in cable laying.

In 1987 the regulations were again amended. It was stressed that Rule 10 applies to traffic separation
schemes adopted by the Organization (IMO) and does not relieve any vessel of her obligation under
any other rule. It was also to clarify that if a vessel is obliged to cross traffic lanes it should do so as
nearly as practicable at right angles to the general direction of the traffic flow. In 1989 Regulation 10
was further amended to clarify the vessels which may use the "inshore traffic zone."

Section II - Conduct of vessels in sight of one another (Rules 11-18)

Rule 11 says the section applies to vessels in sight of one another.

Rule 12 states action to be taken when two sailing vessels are approaching one another.

Rule 13covers overtaking - the overtaking vessel should keep out of the way of the vessel being
overtaken.

Rule 14 deals with head-on situations. Crossing situations are covered by Rule 15 and action to be
taken by the give-way vessel is laid down in Rule 16.

Rule 17 deals with the action of the stand-on vessel, including the provision that the stand-on vessel
may "take action to avoid collision by her manoeuvre alone as soon as it becomes apparent to her that
the vessel required to keep out of the way is not taking appropriate action.

Rule 18 deals with responsibilities between vessels and includes requirements for vessels which shall
keep out of the way of others.

Section III - conduct of vessels in restricted visibility (Rule 19)

Rule 19 states every vessel should proceed at a safe speed adapted to prevailing circumstances and
restricted visibility. A vessel detecting by radar another vessel should determine if there is risk of
collision and if so take avoiding action. A vessel hearing fog signal of another vessel should reduce
speed to a minimum.

Part C Lights and Shapes (Rules 20-31)

Rule 20 states rules concerning lights apply from sunset to sunrise. Rule 21 gives definitions.

Rule 22 covers visibility of lights - indicating that lights should be visible at minimum ranges (in
nautical miles) determined according to the type of vessel.

Rule 23 covers lights to be carried by power-driven vessels underway.

Rule 24 covers lights for vessels towing and pushing.

Rule 25 covers light requirements for sailing vessels underway and vessels under oars.

Rule 26 covers light requirements for fishing vessels.

Rule 27 covers light requirements for vessels not under command or restricted in their ability to
manoeuvre.

Rule 28 covers light requirements for vessels constrained by their draught.

Rule 29 covers light requirements for pilot vessels.

Rule 30 covers light requirements for vessels anchored and aground. Rule 31 covers light
requirements for seaplanes

Part D - Sound and Light Signals (Rules 32-37)

Rule 32 gives definitions of whistle, short blast, and prolonged blast.

Rule 33 says vessels 12 metres or more in length should carry a whistle and a bell and vessels 100
metres or more in length should carry in addition a gong.

Rule 34 covers manoeuvring and warning signals, using whistle or lights.

Rule 35 covers sound signals to be used in restricted visibility.

Rule 36 covers signals to be used to attract attention.

Rule 37 covers distress signals.

Part E - Exemptions (Rule 38)

Rule 38 says ships which comply with the 1960 Collision Regulations and were built or already under
construction when the 1972 Collision Regulations entered into force may be exempted from some
requirements for light and sound signals for specified periods.

Part F - Verification of compliance with the provisions of the Convention

The Rules, adopted in 2013, bring in the requirements for compulsory audit of Parties to the
Convention.

Rule 39 provides definitions.

Rule 40 says that Contracting Parties shall use the provisions of the Code for Implementation in the
execution of their obligations and responsibilities contained in the present Convention.

Rule 41 on Verification of compliance says that every Contracting Party is subject to periodic audits
by IMO.

Annexes
The COLREGs include four annexes:

Annex I - Positioning and technical details of lights and shapes

Annex II - Additional signals for fishing vessels fishing in close proximity

Annex III - Technical details of sounds signal appliances

Annex IV - Distress signals, which lists the signals indicating distress and need of assistance.

Nairobi International Convention on the

Removal of Wrecks
Adoption: 18 May, 2007; Entry into force:
14 April 2015
The Nairobi International Convention on the Removal of Wrecks, 2007, was adopted by an
international conference held in Kenya in 2007. the Convention provides the legal basis for States
to remove, or have removed, shipwrecks that may have the potential to affect adversely the
safety of lives, goods and property at sea, as well as the marine environment.

The Convention provides a set of uniform international rules aimed at ensuring the prompt and
effective removal of wrecks located beyond the territorial sea.

The Convention also includes an optional clause enabling States Parties to apply certain provisions to
their territory, including their territorial sea.

Although the incidence of marine casualties has decreased dramatically in recent years, mainly thanks
to the work of IMO and the persistent efforts of Governments and industry to enhance safety in
shipping operations, the number of abandoned wrecks, estimated at almost thirteen hundred
worldwide, has reportedly increased and, as a result, the problems they cause to coastal States and
shipping in general have, if anything, become more acute.

These problems are three-fold: first, and depending on its location, a wreck may constitute a hazard to
navigation, potentially endangering other vessels and their crews; second, and of equal concern,
depending on the nature of the cargo, is the potential for a wreck to cause substantial damage to the
marine and coastal environments; and third, in an age where goods and services are becoming
increasingly expensive, is the issue of the costs involved in the marking and removal of hazardous
wrecks. The convention attempts to resolve all of these and other, related, issues.

The Convention provides a sound legal basis for coastal States to remove, or have removed, from
their coastlines, wrecks which pose a hazard to the safety of navigation or to the marine and coastal
environments, or both. The treaty also covers any prevention, mitigation or elimination of hazards
created by any object lost at sea from a ship (e.g. lost containers).

The Convention makes ship owners financially liable and require them to take out insurance or
provide other financial security to cover the costs of wreck removal. It also provides States with a
right of direct action against insurers.

The Convention defines "Wreck", following upon a maritime casualty, as:

(a) a sunken or stranded ship; or

(b) any part of a sunken or stranded ship, including any object that is or has been on board such a
ship; or
(c) any object that is lost at sea from a ship and that is stranded, sunken or adrift at sea; or
(d) a ship that is about, or may reasonably be expected, to sink or to strand, where effective
measures to assist the ship or any property in danger are not already being taken.

Articles in the Convention cover:

reporting and locating ships and wrecks - covering the reporting of casualties to the nearest coastal
State; warnings to mariners and coastal States about the wreck; and action by the coastal State to
locate the ship or wreck;
criteria for determining the hazard posed by wrecks, including depth of water above the wreck,
proximity of shipping routes, traffic density and frequency, type of traffic and vulnerability of port
facilities. Environmental criteria such as damage likely to result from the release into the marine
environment of cargo or oil are also included;
measures to facilitate the removal of wrecks, including rights and obligations to remove hazardous
ships and wrecks - which sets out when the ship owner is responsible for removing the wreck and
when a State may intervene;
liability of the owner for the costs of locating, marking and removing ships and wrecks - the
registered ship owner is required to maintain compulsory insurance or other financial security to cover
liability under the convention; and settlement of disputes.

The International Convention for the

Prevention of Pollution from Ships, 1973 as
modified by the Protocol of
1978 (MARPOL 73/78)
MARPOL is short for maritime pollution and 73/78 short for the years 1973 and 1978) is one of the
most important international marine environmental conventions. It was developed by the International
Maritime Organization in an effort to minimize pollution of the oceans and seas, including dumping,
oil and air pollution. The objective of this convention is to preserve the marine environment in an
attempt to completely eliminate pollution by oil and other harmful substances and to minimize
accidental spillage of such substances.
The original MARPOL was signed on 17 February 1973, but did not come into force at the signing
date. The current convention is a combination of 1973 Convention and the 1978 Protocol, [2] which
entered into force on 2 October 1983. As of January 2018, 156 states are parties to the convention,
being flag states of 99.42% of the world's shipping tonnage. [1]
All ships flagged under countries that are signatories to MARPOL are subject to its requirements,
regardless of where they sail and member nations are responsible for vessels registered on their
national ship registry.[3]
Annex I
MARPOL Annex I came into force on 2 October 1983 and deals with discharge of oil into the
ocean environment. It incorporates the oil discharge criteria prescribed in the 1969 amendments to
the 1954 International Convention for the Prevention of Pollution of the Sea by Oil (OILPOL). It
specifies tanker design features that are intended to minimize oil discharge into the ocean during ship
operations and in case of accidents. It provides regulations with regard to treatment of engine room
bilge water (OWS) for all large commercial vessels and ballast and tank cleaning waste (ODME). It
also introduces the concept of "special sea areas (PPSE)" which are considered to be at risk to
pollution by oil. Discharge of oil within them has been completely outlawed, with a few minimal
exceptions.[5]
The first half of MARPOL Annex I deals with engine room waste. There are various generations of
technologies and equipment that have been developed to prevent waste such as: Oily water
separators (OWS), Oil Content meters (OCM), and Port Reception Facilities. [6]
The second part of the MARPOL Annex I has more to do with cleaning the cargo areas and tanks. Oil
Discharge Monitoring Equipment (ODME) is a very important technology mentioned in MARPOL
Annex I that has greatly helped improve sanitation in these areas. [6]
The Oil Record Book is another integral part of MARPOL Annex I. The Oil Record Book helps crew
members log and keep track of oily waste water discharges among other things.
Annex II
MARPOL Annex II came into force on 6 April 1987. It details the discharge criteria for the
elimination of pollution by noxious liquid substances carried in large quantities. It divides
substances into and introduces detailed operational standards and measures. The discharge of
pollutants is allowed only to reception facilities with certain concentrations and conditions. No matter
what, no discharge of residues containing pollutants is permitted within 12 nautical miles (22
kilometres) of the nearest land. Stricter restrictions apply to "special areas".
Annex II covers the International Bulk Chemical Code (IBC Code) in conjunction with Chapter 7 of
the SOLAS Convention. Previously, chemical tankers constructed before 1 July 1986 must comply
with the requirements of the Code for the Construction and Equipment of Ships Carrying Dangerous
Chemicals in Bulk (BCH Code).[7]
Annex III
MARPOL Annex III came into force on 1 July 1992. It contains general requirements for the
standards on packing, marking, labeling, documentation, stowage, quantity subtraction,
division and notifications for preventing pollution by harmful substances. The Annex is in line
with the procedures detailed in the International Maritime Dangerous Goods (IMDG) Code, which
has been expanded to include marine pollutants. The amendments entered into force on 1 January
1991.[5]
Annex IV
Marpol Annex IV came into force on 27 September 2003. It introduces requirements to control
pollution of the sea by sewage from ships.
Annex V
MARPOL Annex V (Regulations for the Prevention of Pollution by Garbage from Ships) came into
force on 31 December 1988. It specifies the distances from land in which materials may be disposed
of and subdivides different types of garbage and marine debris. The requirements are much stricter in
a number of "special areas" but perhaps the most prominent part of the Annex is the complete ban
of dumping plastic into the ocean.[8]
Annex VI
MARPOL Annex VI came into force on 19 May 2005. It introduces requirements to regulate the air
pollution being emitted by ships, including the emission of ozone-depleting substances, Nitrogen
Oxides (NOx), Sulphur Oxides (SOx), Volatile Organic Compounds (VOCs) and shipboard
incineration. It also establishes requirements for reception facilities for wastes from exhaust gas
cleaning systems, incinerators, fuel oil quality, for off-shore platforms and drilling rigs and for the
establishment of SOx Emission Control Areas (SECAs).[5]
IMO 2020
On 1 January 2020 new emission standards will be enforced for fuel oil used by ships, known
as IMO 2020. The global sulphur limit (outside SECA’s) will drop from an allowed 3.5%
sulphur in marine fuels to 0.5%. This will significantly improve the air quality in many populated
coastal and port areas, which will prevent over 100,000 early deaths each year, and many more cases
of asthma in these regions and cities. [9] Over 170 countries have signed on to the changes, including
the United States.[10] This is expected to create massive changes for the shipping and oil industries,
with major updates required to ships and the increased production of lower sulphur fuel. [11]
The IMO has worked on ensuring consistent implementation of the 0.5% sulphur limit in its Marine
Environmental Protection Committee (MEPC) and its subcommittee on Pollution Prevention and
Response (PPR). This has led to the development on several regulatory and practical measures
(FONAR’s, Carriage Ban, Ship Implementation Plan etc.) to enable any non-compliance to be
detected, for example during port State controls (PSC’s).
 ISPS or the International Ship and Port
Facility Security Code
What is the ISPS Code?
ISPS or the International Ship and Port Facility Security Code is an essential maritime regulation for
the safety and security of ships, ports, cargo and crew.
It applies to the ships doing international voyages which include passenger ships & cargo ships of 500
GT and above.
International Maritime Organisation (IMO) under SOLAS convention chapter XI-2 developed the
International Ship and Port Facility Security code – The ISPS code for the safety of ships, ports,
seafarers and government agencies.

Main Aim of ISPS code In Shipping

The ISPS code mainly looks after the security aspects of the ship, seafarers, ports and port workers, to
ensure preventive measures can be taken if a security threat is determined. The main aim of
the International Code for the Security of Ships and of Port Facilities (ISPS) is as follows:
-To monitor the activity of people and cargo operation
-To detect the different security threats on board vessel and in port and implement measure as per the
situation
-To provide a security level to the ship and derive various duties and functions at the different security
level
-To establish the respective roles and responsibilities of the contracting governments, agencies, local
administrations and the shipping and port industries
-To build and implement roles and responsibilities for port state officer and onboard officers to tackle
maritime security threat at the international level
-To collect data from all over the maritime industry concerning security threats and implementing
ways to tackle the same
-To ensure the exchange of collected security-related information data with worldwide port and ship
owners network
-To provide a methodology for security assessments so as to have in place plans and procedures to
react to changing security levels
-To find the shortcomings in the ship security and port security plan and measure to improve them

ISPS Code Requirements

The ISPS code incorporates various functional requirements so that it can achieve certain objectives
to ensure the security of ships and ports.
Some of the important requirements are as follows:
To gather the security-related information from the contracting government agencies
To assess the received information
To distribute the security-related information to appropriate contracting government agencies
Defining the proper communication protocols for ships and port facilities for hassle-free information
exchange
To prevent any unauthorised entry in port facilities or on a ship and other related restricted areas, even
if the unauthorised entry is not a threat (but always considered as a potential threat)
To prevent the passage of unauthorised weapons, incendiary devices or explosives to ships and port
facilities
To provide different means for raising the alarm if any security incident is encountered or a potential
security threat is assessed
To implement proper security plan on port and ship based upon the security assessment and
requirements
To plan and implement training, drills and exercises for ship and port crew so that they are familiar
with the security plans and there is no delay in implementing the same in case of a real threat.

ISPS Code Meaning for Ships:

The cargo ships are vulnerable to security threats as they hardly carry any weapon of protection in
case of a real attack. Piracy, terrorist attack, stowaways etc. are real-time threats haunting the ship and
its crew. Improved ship security will be required in order to identify and take preventive measures
against such security incidents.
The administration is responsible for reviewing and approving a ship security plan for the ship, which
will also include any amendments of old plans etc. The company must train its officer for ship
security officer certification and the assessment of the ship security will be carried onboard by these
certified officers only. The timely assessment of the ship security plan (SSP) by a certified officer is
essential for finding shortcomings and enhancing the current SSP.
The ship security assessment shall be documented, reviewed, accepted and retained by the company.
Every ship must carry an approved ship security plan approved by the Administration.

Company Security Officer ( CSO )

CSO is a company appointed person, who is responsible for the ship security assessment and for the
on board survey to confirm the development and implementation of the ship security plan as per ISPS
code. If any deficiency occurs, CSO is responsible to deal with all the non-conformities and to modify
SSP as per the deficiency.

Ship Security Officer ( SSO )

SSO is the in- charge of security of the vessel on board and responsible for the other entire crew
member to carry out duties for ship security as per ISPS code. SSO is responsible for carrying out
frequent drills for ISPS Code as per SSP.

Ship Security Plan ( SSP )

It is a plan kept on board vessel mentioning the duty of crew members at different security levels and
the do’s and don’ts at a different type of security threats. SSO is responsible under CSO to implement
ship security plan on board vessel.
Related Read: Understanding Ship Security Plan On Board Ships

Ship Security Alert System

Different types of security equipment are kept on board which includes a metal detector for checking
the person entering the vessel. From July 2004, most of the ship has installed the Ship Security Alert
System (SSAS) as per ISPS norms which do not sound on the ship but alarms the shore authority
about the security threat.

Implementing ISPS Security Level

It’s the responsibility of SSO to implement the security level on board complying with the security
level set by the local government authorities. Also, a continuous response is to be made to Port state
when the security level is “level 3”.

ISPS Code for Port Facilities

Port facilities have to make sure that all the facilities are protected from any kind of threats which
may arise from both land and water. They also need to monitor the ships which are coming to its
shore from an international voyage for any security risk.
It is the port facility which defines the security levels to be implemented on the ships which are in its
territorial waters. The Port managing company is responsible for preparing the Port Facility Security
Plan. The port facilities security assessment is also an essential and integral part of the process of
developing and updating the port facility security plan. The assessment is usually assessed and
reviewed by the flag state or by the government organisation responsible for shipping and port
development for that country.
ISPS Code for Port Facilities Includes:
Port Facility Security Officer ( PFSO )
PFSO is a Government appointed officer responsible for implementing PFSP and to derive security
levels for port and vessel berthing at their jetty. He is responsible to conduct port facility security
assessment.

Port Facility Security Plan ( PFSP )

It includes the plans and action to be taken at different security levels. Roles and responsibilities are
included in PFSP. Action to be taken at the time of any security breach is described in PFSP.

Security Equipment
Minimum security equipment like scanner and metal detector etc. must be available at all times with
the port facility to avoid the breach of security inside the port.

Implementing Security Level

Security levels are implemented by the port authority under the consultation of local government
authority. The security level adopted for the port facility must be informed to vessel administration for
cooperative measures.
Challenges of ISPS code:
Every regulation comes with its own challenges. The ISPS code is no different and has the following
concerns:
Human rights are one of the biggest concerns with ISPS code as it directly affects the seafarers’
wellbeing. Shore leave has always been considered as an essential stress relief process for the ship’s
crew, and due to the security threats many countries are prohibiting shore leave for seafarers

Proper implementation of ISPS code is another concern as not all the crew are trained at the shore for
ship security training.
It also impacts on the daily activity of crew as it comes with additional duties of security watch etc.
Implementing the security level on the ship is also an additional job, which is time-consuming.
The port activities are also affected when the security level rises, leading to slow down of cargo
operation
When the security level is at its highest level, the port stay of the ship will increase as all the cargoes
are checked as compared to lower security level (1 & 2), wherein only a handful of cargoes are
inspected for security reasons
Some ports do not allow any cargo operations under security level 3 until the level is minimised.

Advantages of ISPS Code:

The ISPS aims to increase the safety and security of the ship hence minimised the risk
Better control of cargo flow, personal access
Better documentation procedure (as it has standard procedures all over)
Secured working environment making it easier for seafarers and port workers

Disadvantages of ISPS:
Additional work for seafarers as more security-related tasks are added to the work routine
Slow work progress when the security level rises
Additional paperwork and certification requirements
Increase in operating cost of the ship for ISPS implementation and increase in port costs (more port
stay) if the security level is higher
More administration work

What Are The Duties Of Ship Security Officer (SSO)?

A ship security officer (SSO) is an important entity under the International Ship and Port Facility
(ISPS) code. The SSO is a person appointed by the company and the ship’s master for ensuring the
security of the ship.
Ship’s security is one of the greatest concerns for every shipping company whose ships ply in
international waters. Though there are advanced systems such as ship security alert system
(SSAS) and ship security reporting system (SSRS) to enhance maritime security, contribution of the
crew towards ship’s security play a very important role.

The main duties of the ship security officer (SSO) include implementation and maintenance of a ship
security plan, while working closely with the company security officer (CSO) and the port facility
security officer (PFCO).

According to the ISPS code, every ship must have a ship security officer, who has the full
responsibility of the ship’s security.

The main responsibilities of ship security officer (SSO) are:

Implementing and maintaining the ship security plan (SSP)
Conducting security inspections at regular intervals of time to ensure that proper security steps are
taken
Making changes to the ship security plan if need arise
Propose modifications to the ship security plan by taking various aspects of the ship into consideration
Help in ship security assessment (SSA)
Ensure that the ship’s crew is properly trained to maintain a high ship security level
Enhance security awareness and vigilance on board ship
Guide ship’s crew by teaching ways to enhance ship’s security
Report all security incidents to the company and the ship’s master
Taking view and suggestions of the company security officer and the port facility security officer into
consideration while making amendments to the ship security plan
Help company security officer (CSO) in his duties
Take into account various security measures related to handling of cargo, engine room operations,
ship’s store etc.
Coordinate with ship board personnel and port authorities to carry out all ship operations with utmost
security
Ensure that the ship security equipment is properly operated, tested, calibrated, and maintained
The duties of ship security officer might change, increase, or decrease, depending on the type of the
ship and situation. However, the main duties remain the same as mentioned above.
The importance of maritime security has substantially increased with the increase in the number of
piracy attacks. This has also lead to a sudden increase in demand of maritime security jobs . Many
companies offer special maritime security services to ensure high level of ship and port
security. However, it is to note that most of the ship security related troubles can be averted by having
a sound ship security plan.

What are the Duties of Ship’s Company Security Officer (CSO)?

Under the International Ship and Port Facility Security Code (ISPS), every shipping company is
required to appoint a company security officer, who would take care of the ship’s safety and security.
The company security officer designated by a company would be responsible for one or more than
one ships, depending on the number and types of ships the company operates. This responsibility is
clearly identified.
Every shipping company assigns a set of responsibilities for the company security officer depending
of the type of ships and cargo which the company operates. However, basic responsibilities of
company security officer remain the same.

Responsibilities of company security officer (CSO)

Ship security plan (SSP) along with ship security assessment (SSA), play an important role in
ensuring the security of the ship. The company security officer is responsible for carrying out the ship
security plan in an efficient manner.
Using the data acquired from the ship security assessment (SSA), the company security officer would
advise on various threats which are likely to be encountered by the ship and would also decide
the ship security level.
The company security officer (CSO) would arrange for internal audits and reviews of security
activities.
On the basis of various observations and results from the ship security assessment, the company
security officer would make developments in the ship’s security plan.
He would also seek for the approval to the submissions made on the basis of the results of the
assessments
He would also modify the ship security plan to get rid of deficiencies in the security measures and to
satisfy security requirements of each ship. Thereafter, he would ensure that the plan is implemented
and maintained in the best possible manner.
Company security officer would take measures to enhance security awareness and vigilance in his
staff and also among ship personnel
He would also arrange for the initial and subsequent verifications of the ship by the administration or
the recognized security organization
He would ensure that adequate training is provided to those responsible for the security of the ship
In case deficiencies and non-conformities are found during internal audits, periodic reviews, security
inspections and verification of compliance, the security officer would address and deal with them to
the earliest
He would ensure consistency between security requirements and safety requirements of the ship
He would see to it that an effective communication and cooperation between the ship security officer
and relevant port facility security officer is maintained
In case security plan of a sister ship or fleet security system is used, he would make sure that the plan
for each ship would reflect the ship-specific information accurately
Company security officer would also ensure that the an alternative, equivalent arrangement for safety
of each ship is implemented and maintained

What is international ship security certificate?

These ships must carry an International Ship Security Certificate (ISSC) by which the flag state
administration confirms that the security system has been verified, the ship complies with all
requirements and a ship security plan (SSP), approved by the flag state administration, is available.

The three levels of ISPS security are:

ISPS Security Level 1 – normal – this is the level at which the ships and port facilities
operate under normal conditions. Minimum protective measures will be maintained at all
times.

Security Level 2 – heightened – this is a level that will apply whenever there is a heightened
risk of a security incident. At this level, additional security measures will have to be
implemented and maintained for that period of time. This time frame will be determined by
the security experts on the ship or at the port facility.

Security Level 3 – exceptional – at this level, it is considered that a security incident is

imminent and SPECIFIC security measures will have to be implemented and maintained for
that period of time. At this level, the security experts will work in close conjunction with
Government agencies and possibly follow specific protocols and instructions.

What is DOS or Declaration of Security ?

A Declaration of Security (DOS) is a declaration that addresses the security requirements that could
be shared between a port facility and a ship (or between ships) and will state the responsibility for
security each shall take.
Ships must have available copies of any DoS from the last ten calls at port facilities (including ship-
to-ship interfaces) for inspection by officers duly authorised by a port facility’s Government. This
should be kept with any other information about its last ten
calls at port facilities (see ISPS Code Part B paragraphs 4.37 and 4.38).
The Declaration of Security shall be completed by: .
The master or the ship security officer on behalf of the ship(s); and, if appropriate, .
The port facility security officer or, if the Contracting Government determines otherwise, by any other
body responsible for shore-side security, on behalf of the port facility.

Write short notes on Casualty Investigation Code and IMO Member state audit?
Casualty Investigation Code:

• Under SOLAS regulation I/21 and MARPOL articles 8 and 12, each Administration undertakes to
conduct an investigation into any casualty occurring to ships under its

flag subject to those conventions and to supply the Organization with pertinent information
concerning the findings of such studies. Article 23 of the Load Lines

Convention also requires the investigation of casualties.

• Under the United Nations Convention on the Law of the Sea (UNCLOS), article 94 on Duties of the
flag State, paragraph 7, “Each State shall cause an inquiry to be held

by or before a suitably qualified person or persons into every marine casualty or incident of
navigation on the high seas involving a ship flying its flag and causing loss of

life or serious injury to nationals of another State or serious damage to ships or installations of another
State or to the marine environment. The flag State and the other

State shall co-operate in the conduct of any inquiry held by that other State into any such marine
casualty or incident of navigation.”

• IMO adopted a new Code of International Standards and Recommended Practices for a Safety
Investigation into a Marine Casualty or Marine Incident (Casualty

Investigation Code) when the Maritime Safety Committee (MSC) met in London, for its 84th session
in May 2008.

• Relevant amendments to SOLAS Chapter XI-1 were also adopted, to make parts I and II of the Code
mandatory. Part III of the Code contains related guidance and

explanatory material.

• The new regulations, entered into force on 1 January 2010 and expand on SOLAS regulation I/21,
which only required Administrations to undertake to conduct an

investigation of any casualty occurring to any of its ships "when it judges that such an investigation
may assist in determining what changes in the present regulations

might be desirable". The Code now requires a marine safety investigation to be conducted into every
"severe marine casualty", defined as a marine casualty involving

the total loss of the ship or death or severe damage to the environment.

• Resolutions : Participation in Official Inquiries into Maritime Casualties , Conduct of Investigations

into Casualties, Exchange of Information for Investigations into
Marine Casualties(also to consider investigation of human factors), Personnel and Material Resource
Needs of Administrations for the Investigation of Casualties and the

Contravention of Conventions, Co-operation in Maritime Casualty Investigations, Guidelines to assist

investigators in the implementation of the Casualty Investigation

Code

• The activity of the groups on casualty analysis is based on the Casualty analysis procedure, which
includes a process of analysis of casualty investigation reports,

graphic representation of the typical flow of casualty information, procedures for evaluating safety
issues that need further consideration, a graphic representation of

the process to validate a safety issue and assignment of estimated risk level and a diagram of the
casualty analysis process.

• The Global Integrated Shipping Information System (GISIS) includes a Maritime Casualties and
Incidents module database, which includes data on Maritime Casualties

and Incidents (MCI), as defined by circularsMSC-MEPC.3/Circ.3/Rev.1.

This GISIS module also includes all casualty analyses which were approved by the FSI Sub-
Committee for their release to the public on the GISIS module, where they can

be accessed. GISIS also includes a Contact Point module where it is possible to search flag State
contact points for PSC matters, Casualty investigation services and Ships'

inspection services (including Secretariats of Memoranda of Understanding on Port State Control).

Resolution MSC.255 (84) – Adoption of the Code of the International Standards and Recommended
Practices for a Safety Investigation into a Marine Casualty or Marine

Incident (Casualty Investigation Code) – (Adopted on 16 May 2008)

SOLAS Regulation XI-1/ 6 - Additional requirements for the investigation of maritime casualties and
incidents:

Taking into account regulation I/21, each Administration shall conduct investigations of marine
casualties and incidents, in accordance with the provisions of the present

Convention, as supplemented by the provisions of the Code of the International Standards and
Recommended Practices for a Safety Investigation into a Marine Casualty

or Marine Incident (Casualty Investigation Code) adopted by resolution MSC.255(84), and:

1. the provisions of parts I and II of the Casualty Investigation Code shall be fully complied with;

2. the related guidance and explanatory material contained in part III of the Casualty Investigation
Code should be taken into account to the greatest possible extent in

order to achieve a more uniform implementation of the Casualty Investigation Code;

3. amendments to parts I and II of the Casualty Investigation Code shall be adopted, brought into
force and take effect in accordance with the provisions of article VIII of

the present Convention concerning the amendment procedures applicable to the annex other than
chapter I; and

4. part III of the Casualty Investigation Code shall be amended by the Maritime Safety Committee in
accordance with its rules of procedure.

Under SOLAS:

o CH 1 Regulation 21: each administration shall undertake to conduct an investigation of any

casualties occurring to any of its ships subject to the provision of present

convention when it judges that such an investigation may assist in determining what changes in
present regulation may be desirable

MARPOL: Articles of the International Convention for the Prevention of Pollution from Ships, 1973
(Articles of 1978 came later)

Article 12: Casualties to ships-

To harmonize the casualty investigation, a code was adopted on 27th November 1997 in IMO
resolution A849 (20) called casualty investigation code.

The salient features of the code.

o The necessity of code:- It was acknowledged that the investigation and proper analysis of marine
casualties and incidents could lead to greater awareness of casualty

causation and result in remedial measures including better training to enhance the safety of life at sea
and protection of the environment.

It was also recognized that a standard approach and cooperation between governments, to marine
casualty and incident investigation, is necessary to correctly identify

the cause

o Objective:-Objective to any marine casualty investigation is to prevent similar casualties in future

o Who will do the investigation:-

Flag state has to carry investigation of all casualties occurring to its ship.

If casualty occurs in the territorial sea of a state, then flag state and coastal state should cooperate to
the maximum extent and mutually decide who will be the lead

investigating state.

If casualty occurs at high seas, then flag state has to carry out an investigation. But if the casualty
involves other parties or affects environment of another state, then all

substantially interested state should work together and decide who will be the lead investigating state

o Consultation and cooperation between states:-

If casualty has taken place in territorial water of any state, then the coastal state should without delay
report the matter to flag state.

Also if the casualty involves other parties all substantially interested parties to be informed by
investigating state.

When two or more states have agreed to the procedure for a marine casualty investigation, the state
conducting the investigation should allow representative of the

other state to:-

• a) Question witness

• b) view and examine documents and evidence

• c) Produce witness and other evidence

• d) Comment on and have their views properly reflected in the final report.

• e) Be provided with transcripts statement and final report relating to the investigation.

o Recommended practice for safety investigation:-

Part III Of the code (Chapter 15 to Chapter 26 )

Ch15 – Administrative Responsibilities

Ch16 – Principles Of Investigation

Ch17- Marine Casualties Other than Very serious

Ch18- Agreement ( Under Ch 7 of Part II ) conditions between parties and factors to be consider

Ch19- Acts Of Unlawful interference

Ch20- Notify Parties involved & Start Investigation

Ch21- Co-Ordinating An Investigation

Ch22-Collection Of Evidence

Ch23- Confidentiality Of Info

Ch24- Protection Of Witness & Involved Parties

Ch25- Draft & Final Report

Ch26- Re-Opening Investigation

a) The investigation should be thorough and unbiased.

b) Cooperation between substantially interested states.

c) It should be given same priority as a criminal or other investigation.

d) The investigator should have ready access to relevant safety information including survey records
held by flag state, owner, class etc.

e) Effective use should be made of all recorded data including VDR in the investigation of casualty.

f) The investigator should have access to government surveyors, coastguard officers, pilot or other
marine personnel of respective states.

g) The investigator should take account of any recommendation published by IMO or ILO regarding
human factor.

h) Reports of investigation are most effective when circulated to the shipping industry and the public.

o Reporting to IMO:-

After investigation, the lead investigating state should circulate the draft report to coastal state and
substantially interested state for comments.

If no comment is received within 30 days, lead state should send the final report to IMO.

Very serious marine casualty means a ship casualty which involves total loss of ship, loss of life or
severe pollution