An Act further to amend the Merchant Shipping Act, 1958.<\/p>\n
BE it enacted by Parliament in the Fifty-fourth Year of the Republic of<\/p>\n
India as follows:-<\/p>\n
\u00a0<\/p>\n
1. Short title and commencement.-(1) This Act may be called the<\/p>\n
Merchant Shipping (Amendment) Act, 2003.<\/p>\n
(2) It shall come into force on such date as the Central Government<\/p>\n
may, by notification in the Official Gazette, appoint.<\/p>\n
\u00a0<\/p>\n
2.<\/p>\n
Substitution of new sections for sections 356A to 356H.<\/p>\n
\u00a0<\/p>\n
2. Substitution of new sections for sections 356A to 356H.-For sections<\/p>\n
356A to 356H of the Merchant Shipping Act, 1958 (44 of 1958)<\/p>\n
(hereinafter referred to as the principal Act), the following sections<\/p>\n
shall be substituted , namely:-<\/p>\n
\u00a0<\/p>\n
Application.<\/p>\n
\u00a0<\/p>\n
356A. Application.-(1) Save as otherwise provided, this Part shall<\/p>\n
apply to-<\/p>\n
(a) oil tankers of one hundred and fifty tons gross or more, other<\/p>\n
ships of four hundred tons gross or more and off-shore installations;<\/p>\n
and<\/p>\n
(b) incidents of marine casualty or acts relating to such casualty<\/p>\n
occurring with grave and imminent danger to Indian coast line or<\/p>\n
related interests from pollution or threat of pollution in the sea by<\/p>\n
deliberate, negligent or accidental release of oil, ballast water,<\/p>\n
noxious liquid and other harmful substances into sea including such<\/p>\n
incidents occurring on the high seas.<\/p>\n
(2) This Part shall not apply to any war ships or other ships owned or<\/p>\n
operated by the Government and used for the time being on Government<\/p>\n
non-commercial service.<\/p>\n
\u00a0<\/p>\n
Definitions.<\/p>\n
\u00a0<\/p>\n
356B. Definitions.-In this Part, unless the context otherwise requires,-<\/p>\n
(a) “ballast” means any solid or liquid placed in a ship to increase<\/p>\n
the draft to change the trim, to regulate the stability, or to maintain<\/p>\n
stress load within such limits as may be prescribed;<\/p>\n
(b) “cargo” includes ballast and ships stores and fuel;<\/p>\n
(c) “coasts” has the meaning assigned to it in section 357;<\/p>\n
(d) “coastal waters” means any part of the territorial waters of India,<\/p>\n
or any marine areas adjacent thereto over which India has, or, may<\/p>\n
hereafter have, exclusive jurisdiction in regard to control of marine<\/p>\n
pollution under the Territorial Waters, Continental Shelf, Exclusive<\/p>\n
Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any<\/p>\n
other law for the time being in force;<\/p>\n
(e) “Convention” means the International Convention for the Prevention<\/p>\n
of Pollution from Ships, 1973, including its Protocol of 1978, as<\/p>\n
amended from time to time in the manner specified therein;<\/p>\n
(f) “international pollution prevention certificate” means any<\/p>\n
certificate issued in accordance with the provisions of Pollution<\/p>\n
Prevention Conventions and Protocols thereto which are acceded to by<\/p>\n
India;<\/p>\n
(g) “mile” means a nautical mile of 1,852 metres;<\/p>\n
(h) “noxious liquid substance” means any substance which has been<\/p>\n
designated as such by rules made under this Part;<\/p>\n
(i) “off-shore installation” means an installation, whether mobile or<\/p>\n
fixed, which is used or is intended to be used for under-water<\/p>\n
exploration or exploitation of crude oil, petroleum or other similar<\/p>\n
mineral oils, under lease, licence or any other form of contractual<\/p>\n
arrangement and includes-<\/p>\n
(a) any installation which could be moved from place to place under its<\/p>\n
own motive power or otherwise; and<\/p>\n
(b) a pipe-line;<\/p>\n
(j) “oil” means petroleum in any form including crude oil, fuel oil,<\/p>\n
sludge, oil refuse and refined products;<\/p>\n
(k) “oily mixture” means a mixture with any oil content;<\/p>\n
(l) “oil tanker” means a ship constructed or adapted primarily to carry<\/p>\n
oil in bulk in its cargo spaces and includes any combination carrier or<\/p>\n
any chemical tanker when it is carrying a cargo or part cargo of oil in<\/p>\n
bulk;<\/p>\n
(m) “reception facilities”, in relation to a port, means facilities for<\/p>\n
enabling tankers or ships using the port to discharge or deposit<\/p>\n
residue or mixture of any substance subject to control by the<\/p>\n
Convention;<\/p>\n
(n) “ship” means a vessel of any type whatsoever operating in the<\/p>\n
marine environment and includes hydrofoil boats, air-cushion vehicles,<\/p>\n
submersibles, floating craft and fixed or floating platforms.<\/p>\n
\u00a0<\/p>\n
Issue of pollution prevention certificate.<\/p>\n
\u00a0<\/p>\n
356C. Issue of pollution prevention certificate.-(1) No Indian oil<\/p>\n
tanker or other Indian ship shall proceed to sea unless there is in<\/p>\n
force, in respect of that ship, a certificate issued by the Central<\/p>\n
Government, to be called an international oil pollution prevention<\/p>\n
certificate, in such form, for such duration and subject to such<\/p>\n
conditions as may be prescribed.<\/p>\n
(2) No Indian oil tanker or other Indian ship carrying noxious liquid<\/p>\n
substances in bulk shall proceed to sea except with a certificate<\/p>\n
issued by the Central Government, to be called an international<\/p>\n
pollution prevention certificate, in such form, for such duration and<\/p>\n
subject to such conditions as may be prescribed for the carriage of<\/p>\n
noxious liquid substances in bulk.<\/p>\n
(3) No Indian oil tanker or other Indian ship to which Annexure IV of<\/p>\n
the Convention applies shall proceed to sea except with a certificate<\/p>\n
issued by the Central Government, to be called an international sewage<\/p>\n
pollution prevention certificate, in such form, for such duration and<\/p>\n
subject to such conditions as may be prescribed.<\/p>\n
Explanation.-For the purposes of this sub-section, “sewage” means-<\/p>\n
(i) drainage and other waste from any form of toilets, urinals and<\/p>\n
water closet scuppers;<\/p>\n
(ii) drainage from medical premises (dispensary, sick bay and other<\/p>\n
like places) via wash basins, wash tubs and scuppers located in such<\/p>\n
premises;<\/p>\n
(iii) drainage from spaces containing living animals; or<\/p>\n
(iv) other waste water when mixed with the drainages specified above.<\/p>\n
(4) A valid international pollution prevention certificate issued in<\/p>\n
respect of an oil tanker or a ship, other than an Indian ship, by the<\/p>\n
Government of the country to which the ship belongs shall, subject to<\/p>\n
such rules as the Central Government may make in this behalf, have the<\/p>\n
same effect in India as the corresponding certificate issued in respect<\/p>\n
of an Indian ship has under this Part.<\/p>\n
\u00a0<\/p>\n
Issue of certificates for foreign ships in India and Indian ships in<\/p>\n
foreign countries.<\/p>\n
\u00a0<\/p>\n
356D. Issue of certificates for foreign ships in India and Indian ships<\/p>\n
in foreign countries.-(1) The Central Government may, at the request of<\/p>\n
the Government of a country to which the Convention applies, cause<\/p>\n
any international pollution prevention certificate to be issued in<\/p>\n
accordance with the Convention in respect of an oil tanker or other<\/p>\n
ship in that country, if it is satisfied that such certificate can<\/p>\n
properly be issued, and where a certificate is so issued, it shall<\/p>\n
contain a statement that it has been issued on request.<\/p>\n
(2) The Central Government may request the Government of a country to<\/p>\n
which the Convention applies, to issue any international pollution<\/p>\n
prevention certificate in accordance with the Convention in respect<\/p>\n
of a ship and the certificate issued in pursuance of such a request<\/p>\n
containing a statement that it has been so issued shall have the<\/p>\n
same effect as if it had been issued by the Central Government under<\/p>\n
this Act.<\/p>\n
\u00a0<\/p>\n
Requirement for construction and equipment in ships to prevent<\/p>\n
pollution.<\/p>\n
\u00a0<\/p>\n
356E. Requirement for construction and equipment in ships to prevent<\/p>\n
pollution.-For the purpose of preventing or reducing discharges of<\/p>\n
harmful substances or mixtures containing such substances from the<\/p>\n
oil tankers or other ships, the Central Government may make rules<\/p>\n
requiring Indian oil tankers and other Indian ships to be fitted<\/p>\n
with such equipment and to comply with such requirements for<\/p>\n
construction, survey of equipment and structure of such oil tankers or<\/p>\n
other ships and specifying conditions for making of surveys of all oil<\/p>\n
tankers or other ships, as may be prescribed, prior to issuing an<\/p>\n
international pollution prevention certificate.<\/p>\n
Explanation.-For the purposes of this section, “harmful substance”<\/p>\n
means any substance which, if introduced into the sea, is liable to<\/p>\n
create hazards to human health, harm living resources and marine life,<\/p>\n
damage amenities or interfere with other legitimate uses of the sea,<\/p>\n
and includes any substance subject to control by the Convention.<\/p>\n
\u00a0<\/p>\n
Record books.<\/p>\n
\u00a0<\/p>\n
356F. Record books.-(1) Every Indian oil tanker or other Indian ship<\/p>\n
which carries a substance subject to control by the Convention shall<\/p>\n
maintain, as may be required, record books in the prescribed forms, on<\/p>\n
board the oil tanker or other ship.<\/p>\n
(2) The manner in which record books shall be maintained, the nature<\/p>\n
of entries to be made therein, the custody and disposal thereof, and<\/p>\n
all other matters relating thereto shall be such as may be prescribed<\/p>\n
having regard to the provisions of the Convention.<\/p>\n
\u00a0<\/p>\n
Inspection and control of oil tankers and other ships to which the Part<\/p>\n
applies.<\/p>\n
\u00a0<\/p>\n
356G. Inspection and control of oil tankers and other ships to which<\/p>\n
the Part applies.-(1) A surveyor or any person authorised in this<\/p>\n
behalf may go, at any reasonable time, on board an oil tanker or other<\/p>\n
ship to which any of the provisions of this Part applies, for the<\/p>\n
purposes of-<\/p>\n
(a) ensuring that the prohibitions, restrictions and obligations<\/p>\n
imposed by or under this Part are complied with;<\/p>\n
(b) satisfying himself about the adequacy of the measures taken to<\/p>\n
prevent pollution;<\/p>\n
(c) ascertaining the circumstances relating to an alleged discharge of<\/p>\n
a substance which is subject to control by the Convention from the oil<\/p>\n
tanker or other ship in contravention of the provisions of this Part;<\/p>\n
(d) inspecting any record required to be maintained on board; and<\/p>\n
(e) checking the validity of the international pollution prevention<\/p>\n
certificate.<\/p>\n
(2) The surveyor or any such person may, if necessary, make, without<\/p>\n
unduly delaying the oil tanker or the other ship, a true copy of any<\/p>\n
record of the oil tanker or the other ship and may require the master<\/p>\n
of such tanker or ship to certify the copy to be a true copy and such<\/p>\n
copy shall be admissible as evidence of the facts stated therein.<\/p>\n
\u00a0<\/p>\n
Information regarding contravention of provisions of Convention.<\/p>\n
\u00a0<\/p>\n
356H. Information regarding contravention of provisions of Convention.-<\/p>\n
(1) If, on report from a surveyor or other person authorised to inspect<\/p>\n
an oil tanker or other ship under section 356G, the Director-General is<\/p>\n
satisfied that any provision of the Convention has been contravened by<\/p>\n
such oil tanker or other ship within the coastal waters, the Director-<\/p>\n
General or any officer authorised by him in this behalf, may-<\/p>\n
(a) detain the oil tanker or other ship until the causes of such<\/p>\n
contravention are removed to the satisfaction of the Director-General<\/p>\n
or the officer authorised by him; and<\/p>\n
(b) proceed against such oil tanker or other ship for recovery of<\/p>\n
cost of pollution damage, if any, and the cost of prevention of<\/p>\n
pollution damage and cleaning of such pollution:<\/p>\n
Provided that where the Director-General deems it necessary, he may<\/p>\n
request the Indian Navy or the Coast Guard for preventing the oil<\/p>\n
tanker or other ship from proceeding to sea, and the Indian Navy or the<\/p>\n
Coast Guard, as the case may be, shall take action as requested by the<\/p>\n
Director-General.<\/p>\n
(2) On receipt of information from the Government of any country to<\/p>\n
which the Convention applies that an Indian oil tanker or other<\/p>\n
ship has contravened any provision of the Convention, the Central<\/p>\n
Government may, if it deems it necessary so to do, request such<\/p>\n
Government to furnish further details of the alleged contravention and<\/p>\n
if satisfied that sufficient evidence is available to establish<\/p>\n
contravention of any of the provisions of this Part or the rules made<\/p>\n
thereunder, take appropriate action against the owner or master of the<\/p>\n
concerned oil tanker or other ship and intimate the reporting<\/p>\n
Government of the action so taken..<\/p>\n
\u00a0<\/p>\n
3.<\/p>\n
\u00a0<\/p>\n
Amendment of section 356-I.<\/p>\n
\u00a0<\/p>\n
3. Amendment of section 356-I.-In section 356-I of the principal Act,<\/p>\n
for the words “oil reception facilities”, wherever they occur, the<\/p>\n
words “reception facilities” shall be substituted.<\/p>\n
\u00a0<\/p>\n
4.<\/p>\n
\u00a0<\/p>\n
Amendment of section 356J.<\/p>\n
\u00a0<\/p>\n
4. Amendment of section 356J.-In section 356J of the principal Act,<\/p>\n
for the word “oil”, wherever it occurs, the words “oil or noxious<\/p>\n
liquid substance” shall be substituted.<\/p>\n
\u00a0<\/p>\n
5.<\/p>\n
\u00a0<\/p>\n
Amendment of section 356K.<\/p>\n
\u00a0<\/p>\n
5. Amendment of section 356K.-In section 356K of the principal Act, for<\/p>\n
the word “oil”, wherever it occurs, the words “oil or noxious liquid<\/p>\n
substance” shall be substituted.<\/p>\n
\u00a0<\/p>\n
6.<\/p>\n
\u00a0<\/p>\n
Amendment of section 356-O.<\/p>\n
\u00a0<\/p>\n
6. Amendment of section 356-O.-In section 356-O of the principal Act,<\/p>\n
in sub-section (2),-<\/p>\n
(i) for clauses (a) and (b), the following clauses shall be<\/p>\n
substituted, namely:-<\/p>\n
“(a) prescribe the limits of ballast, and designate noxious liquid<\/p>\n
substances, under clauses (a) and (h), respectively, of section 356B;<\/p>\n
(b) prescribe the forms in which, the duration for which and the<\/p>\n
conditions subject to which, various international pollution prevention<\/p>\n
certificates shall be issued under section 356C;<\/p>\n
(bb) prescribe the period within which, the manner in which and the<\/p>\n
conditions for making surveys of oil tankers or other ships prior to<\/p>\n
issuing<\/p>\n
an international pollution prevention certificate and the requirements<\/p>\n
as to equipment which are to be fitted for prevention of pollution by<\/p>\n
an oil tanker and other ship under section 356E;”;<\/p>\n
(ii) in clause (c), for the words “oil record books”, the words “record<\/p>\n
books” shall be substituted;<\/p>\n
(iii) in clause (d), for the words “oil monitoring system, oily water<\/p>\n
separator, oil content metre, crude oil washing system, inert gas<\/p>\n
system or other equipments or contrivances carried out on board for<\/p>\n
preventing pollution of sea by oil”, the words “various equipments<\/p>\n
required under the Convention” shall be substituted;<\/p>\n
(iv) after clause (e), the following clause shall be inserted, namely:-<\/p>\n
“(ee) any other matter which, for the implementation of the<\/p>\n
Convention, has to be or may be prescribed.”.<\/p>\n","protected":false},"excerpt":{"rendered":"
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:- \u00a0 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 […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[74],"tags":[118,117,116,120,121,119],"class_list":["post-1871","post","type-post","status-publish","format-standard","hentry","category-shipping-acts-and-rules","tag-bare-acts","tag-law","tag-legal","tag-notifications","tag-of-india","tag-rules"],"yoast_head":"\n