THE MERCHANT SHIPPING (AMENDMENT) ACT, 2003

An Act further to amend the Merchant Shipping Act, 1958.

BE it enacted by Parliament in the Fifty-fourth Year of the Republic of

India as follows:-

 

1. Short title and commencement.-(1) This Act may be called the

Merchant Shipping (Amendment) Act, 2003.

(2) It shall come into force on such date as the Central Government

may, by notification in the Official Gazette, appoint.

 

2.

Substitution of new sections for sections 356A to 356H.

 

2. Substitution of new sections for sections 356A to 356H.-For sections

356A to 356H of the Merchant Shipping Act, 1958 (44 of 1958)

(hereinafter referred to as the principal Act), the following sections

shall be substituted , namely:-

 

Application.

 

356A. Application.-(1) Save as otherwise provided, this Part shall

apply to-

(a) oil tankers of one hundred and fifty tons gross or more, other

ships of four hundred tons gross or more and off-shore installations;

and

(b) incidents of marine casualty or acts relating to such casualty

occurring with grave and imminent danger to Indian coast line or

related interests from pollution or threat of pollution in the sea by

deliberate, negligent or accidental release of oil, ballast water,

noxious liquid and other harmful substances into sea including such

incidents occurring on the high seas.

(2) This Part shall not apply to any war ships or other ships owned or

operated by the Government and used for the time being on Government

non-commercial service.

 

Definitions.

 

356B. Definitions.-In this Part, unless the context otherwise requires,-

(a) “ballast” means any solid or liquid placed in a ship to increase

the draft to change the trim, to regulate the stability, or to maintain

stress load within such limits as may be prescribed;

(b) “cargo” includes ballast and ships stores and fuel;

(c) “coasts” has the meaning assigned to it in section 357;

(d) “coastal waters” means any part of the territorial waters of India,

or any marine areas adjacent thereto over which India has, or, may

hereafter have, exclusive jurisdiction in regard to control of marine

pollution under the Territorial Waters, Continental Shelf, Exclusive

Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any

other law for the time being in force;

(e) “Convention” means the International Convention for the Prevention

of Pollution from Ships, 1973, including its Protocol of 1978, as

amended from time to time in the manner specified therein;

(f) “international pollution prevention certificate” means any

certificate issued in accordance with the provisions of Pollution

Prevention Conventions and Protocols thereto which are acceded to by

India;

(g) “mile” means a nautical mile of 1,852 metres;

(h) “noxious liquid substance” means any substance which has been

designated as such by rules made under this Part;

(i) “off-shore installation” means an installation, whether mobile or

fixed, which is used or is intended to be used for under-water

exploration or exploitation of crude oil, petroleum or other similar

mineral oils, under lease, licence or any other form of contractual

arrangement and includes-

(a) any installation which could be moved from place to place under its

own motive power or otherwise; and

(b) a pipe-line;

(j) “oil” means petroleum in any form including crude oil, fuel oil,

sludge, oil refuse and refined products;

(k) “oily mixture” means a mixture with any oil content;

(l) “oil tanker” means a ship constructed or adapted primarily to carry

oil in bulk in its cargo spaces and includes any combination carrier or

any chemical tanker when it is carrying a cargo or part cargo of oil in

bulk;

(m) “reception facilities”, in relation to a port, means facilities for

enabling tankers or ships using the port to discharge or deposit

residue or mixture of any substance subject to control by the

Convention;

(n) “ship” means a vessel of any type whatsoever operating in the

marine environment and includes hydrofoil boats, air-cushion vehicles,

submersibles, floating craft and fixed or floating platforms.

 

Issue of pollution prevention certificate.

 

356C. Issue of pollution prevention certificate.-(1) No Indian oil

tanker or other Indian ship shall proceed to sea unless there is in

force, in respect of that ship, a certificate issued by the Central

Government, to be called an international oil pollution prevention

certificate, in such form, for such duration and subject to such

conditions as may be prescribed.

(2) No Indian oil tanker or other Indian ship carrying noxious liquid

substances in bulk shall proceed to sea except with a certificate

issued by the Central Government, to be called an international

pollution prevention certificate, in such form, for such duration and

subject to such conditions as may be prescribed for the carriage of

noxious liquid substances in bulk.

(3) No Indian oil tanker or other Indian ship to which Annexure IV of

the Convention applies shall proceed to sea except with a certificate

issued by the Central Government, to be called an international sewage

pollution prevention certificate, in such form, for such duration and

subject to such conditions as may be prescribed.

Explanation.-For the purposes of this sub-section, “sewage” means-

(i) drainage and other waste from any form of toilets, urinals and

water closet scuppers;

(ii) drainage from medical premises (dispensary, sick bay and other

like places) via wash basins, wash tubs and scuppers located in such

premises;

(iii) drainage from spaces containing living animals; or

(iv) other waste water when mixed with the drainages specified above.

(4) A valid international pollution prevention certificate issued in

respect of an oil tanker or a ship, other than an Indian ship, by the

Government of the country to which the ship belongs shall, subject to

such rules as the Central Government may make in this behalf, have the

same effect in India as the corresponding certificate issued in respect

of an Indian ship has under this Part.

 

Issue of certificates for foreign ships in India and Indian ships in

foreign countries.

 

356D. Issue of certificates for foreign ships in India and Indian ships

in foreign countries.-(1) The Central Government may, at the request of

the Government of a country to which the Convention applies, cause

any international pollution prevention certificate to be issued in

accordance with the Convention in respect of an oil tanker or other

ship in that country, if it is satisfied that such certificate can

properly be issued, and where a certificate is so issued, it shall

contain a statement that it has been issued on request.

(2) The Central Government may request the Government of a country to

which the Convention applies, to issue any international pollution

prevention certificate in accordance with the Convention in respect

of a ship and the certificate issued in pursuance of such a request

containing a statement that it has been so issued shall have the

same effect as if it had been issued by the Central Government under

this Act.

 

Requirement for construction and equipment in ships to prevent

pollution.

 

356E. Requirement for construction and equipment in ships to prevent

pollution.-For the purpose of preventing or reducing discharges of

harmful substances or mixtures containing such substances from the

oil tankers or other ships, the Central Government may make rules

requiring Indian oil tankers and other Indian ships to be fitted

with such equipment and to comply with such requirements for

construction, survey of equipment and structure of such oil tankers or

other ships and specifying conditions for making of surveys of all oil

tankers or other ships, as may be prescribed, prior to issuing an

international pollution prevention certificate.

Explanation.-For the purposes of this section, “harmful substance”

means any substance which, if introduced into the sea, is liable to

create hazards to human health, harm living resources and marine life,

damage amenities or interfere with other legitimate uses of the sea,

and includes any substance subject to control by the Convention.

 

Record books.

 

356F. Record books.-(1) Every Indian oil tanker or other Indian ship

which carries a substance subject to control by the Convention shall

maintain, as may be required, record books in the prescribed forms, on

board the oil tanker or other ship.

(2) The manner in which record books shall be maintained, the nature

of entries to be made therein, the custody and disposal thereof, and

all other matters relating thereto shall be such as may be prescribed

having regard to the provisions of the Convention.

 

Inspection and control of oil tankers and other ships to which the Part

applies.

 

356G. Inspection and control of oil tankers and other ships to which

the Part applies.-(1) A surveyor or any person authorised in this

behalf may go, at any reasonable time, on board an oil tanker or other

ship to which any of the provisions of this Part applies, for the

purposes of-

(a) ensuring that the prohibitions, restrictions and obligations

imposed by or under this Part are complied with;

(b) satisfying himself about the adequacy of the measures taken to

prevent pollution;

(c) ascertaining the circumstances relating to an alleged discharge of

a substance which is subject to control by the Convention from the oil

tanker or other ship in contravention of the provisions of this Part;

(d) inspecting any record required to be maintained on board; and

(e) checking the validity of the international pollution prevention

certificate.

(2) The surveyor or any such person may, if necessary, make, without

unduly delaying the oil tanker or the other ship, a true copy of any

record of the oil tanker or the other ship and may require the master

of such tanker or ship to certify the copy to be a true copy and such

copy shall be admissible as evidence of the facts stated therein.

 

Information regarding contravention of provisions of Convention.

 

356H. Information regarding contravention of provisions of Convention.-

(1) If, on report from a surveyor or other person authorised to inspect

an oil tanker or other ship under section 356G, the Director-General is

satisfied that any provision of the Convention has been contravened by

such oil tanker or other ship within the coastal waters, the Director-

General or any officer authorised by him in this behalf, may-

(a) detain the oil tanker or other ship until the causes of such

contravention are removed to the satisfaction of the Director-General

or the officer authorised by him; and

(b) proceed against such oil tanker or other ship for recovery of

cost of pollution damage, if any, and the cost of prevention of

pollution damage and cleaning of such pollution:

Provided that where the Director-General deems it necessary, he may

request the Indian Navy or the Coast Guard for preventing the oil

tanker or other ship from proceeding to sea, and the Indian Navy or the

Coast Guard, as the case may be, shall take action as requested by the

Director-General.

(2) On receipt of information from the Government of any country to

which the Convention applies that an Indian oil tanker or other

ship has contravened any provision of the Convention, the Central

Government may, if it deems it necessary so to do, request such

Government to furnish further details of the alleged contravention and

if satisfied that sufficient evidence is available to establish

contravention of any of the provisions of this Part or the rules made

thereunder, take appropriate action against the owner or master of the

concerned oil tanker or other ship and intimate the reporting

Government of the action so taken..

 

3.

 

Amendment of section 356-I.

 

3. Amendment of section 356-I.-In section 356-I of the principal Act,

for the words “oil reception facilities”, wherever they occur, the

words “reception facilities” shall be substituted.

 

4.

 

Amendment of section 356J.

 

4. Amendment of section 356J.-In section 356J of the principal Act,

for the word “oil”, wherever it occurs, the words “oil or noxious

liquid substance” shall be substituted.

 

5.

 

Amendment of section 356K.

 

5. Amendment of section 356K.-In section 356K of the principal Act, for

the word “oil”, wherever it occurs, the words “oil or noxious liquid

substance” shall be substituted.

 

6.

 

Amendment of section 356-O.

 

6. Amendment of section 356-O.-In section 356-O of the principal Act,

in sub-section (2),-

(i) for clauses (a) and (b), the following clauses shall be

substituted, namely:-

“(a) prescribe the limits of ballast, and designate noxious liquid

substances, under clauses (a) and (h), respectively, of section 356B;

(b) prescribe the forms in which, the duration for which and the

conditions subject to which, various international pollution prevention

certificates shall be issued under section 356C;

(bb) prescribe the period within which, the manner in which and the

conditions for making surveys of oil tankers or other ships prior to

issuing

an international pollution prevention certificate and the requirements

as to equipment which are to be fitted for prevention of pollution by

an oil tanker and other ship under section 356E;”;

(ii) in clause (c), for the words “oil record books”, the words “record

books” shall be substituted;

(iii) in clause (d), for the words “oil monitoring system, oily water

separator, oil content metre, crude oil washing system, inert gas

system or other equipments or contrivances carried out on board for

preventing pollution of sea by oil”, the words “various equipments

required under the Convention” shall be substituted;

(iv) after clause (e), the following clause shall be inserted, namely:-

“(ee) any other matter which, for the implementation of the

Convention, has to be or may be prescribed.”.