Vidhi Codex

Merchant Shipping Act, 2025

The Merchant Shipping Act, 2025

Infrastructure2025327 sections

The Merchant Shipping Act, 2025, regulates the registration, safety, security, and environmental compliance of maritime vessels, alongside the education and welfare of seafarers. It applies to all registered Indian vessels, commercial ship owners, crew members, and foreign vessels navigating India's coastal waters. This legislation matters because it modernizes outdated merchant shipping laws, enhances India’s competitiveness in the global maritime market, and aligns domestic policy with international conventions. Furthermore, it strengthens critical protections for seafarers, holds ship owners accountable for abandonment, and implements strict pollution controls to safeguard the marine environment while actively boosting global maritime trade, security, and investment.

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  1. 0. Preamble
  2. 1. Short title and commencement
  3. 2. Application of Act
  4. 3. Definitions
  5. 4. Establishment of National Shipping Board
  6. 5. Constitution of Seafarer's Welfare Board
  7. 6. Power to make rules.
  8. 7. Director-General of Maritime Administration.
  9. 8. Officers.
  10. 9. Surveyors.
  11. 10. Senior radio surveyors and radio inspectors.
  12. 11. Mercantile Marine Department.
  13. 12. Shipping office.
  14. 13. Body for security of vessels and port facilities.
  15. 14. Application of this Part.
  16. 15. Indian vessel and its registration.
  17. 16. Registration of Indian chartered foreign vessels.
  18. 17. Temporary registration of vessels sought to be recycled.
  19. 18. Registrar of Indian vessels.
  20. 19. Provisional registration of Indian vessel.
  21. 20. Procedure for registration of Indian vessels.
  22. 21. Temporary pass in lieu of certificate of registration
  23. 22. Custody and use of certificate
  24. 23. Transfer of Indian vessel or shares
  25. 24. Transmission of property in Indian vessel on death, insolvency, etc.
  26. 25. Order for sale where vessel has ceased to be an Indian vessel
  27. 26. Mortgage of vessel or share
  28. 27. Rights of mortgagee
  29. 28. Liability of mortgagee
  30. 29. Mortgage not affected by insolvency.
  31. 30. Transfer of mortgages.
  32. 31. Transmission of interest in mortgage in certain circumstances.
  33. 32. Rules as to name of vessel.
  34. 33. Registration of alterations.
  35. 34. Provisional certificate and endorsement where vessel is to be re-registered.
  36. 35. Transfer of registration.
  37. 36. Restrictions on re-registration of abandoned vessel.
  38. 37. National colours for Indian vessels.
  39. 38. Concealment of Indian or assumption of foreign character.
  40. 39. Liabilities of vessel not recognised as Indian vessel.
  41. 40. Proceedings on forfeiture of vessel.
  42. 41. Liability of owners.
  43. 42. Evidence of register book, certificate of registration and other documents.
  44. 43. Closure of registration.
  45. 44. Power to make rules.
  46. 45. Certificates to be held by seafarers.
  47. 46. Certificate of competency and certificate of proficiency.
  48. 47. Training for grant of certificate of competency and certificate of proficiency.
  49. 48. Examination for grant of certificates.
  50. 49. Production of certificate of competency
  51. 50. Recognition of certificates of competency granted in other States
  52. 51. Foreign vessel not to sail without seafarers having certificate
  53. 52. Obligations of certain certificate holders to serve on Indian vessels
  54. 53. Power to make rules
  55. 54. Application of this Part
  56. 55. Definitions
  57. 56. Classification of seafarers
  58. 57. Application of maritime labour standards to seafarers and vessels
  59. 58. Duties of shipping master, director and seafarer's welfare officer
  60. 59. Minimum age for seafarers.
  61. 60. Medical certificate.
  62. 61. Training and qualifications.
  63. 62. Recruitment and placement of seafarers.
  64. 63. Agreement with seafarers.
  65. 64. Wages.
  66. 65. Hours of rest.
  67. 66. Entitlement to leave.
  68. 67. Repatriation.
  69. 68. Compensation for vessel's loss or foundering.
  70. 69. Manning levels.
  71. 70. Accommodation and recreational facilities.
  72. 71. Food and catering.
  73. 72. Medical care.
  74. 73. Ship owners' liability.
  75. 74. Health and safety protection and accident prevention.
  76. 75. Social security.
  77. 76. Flag State responsibilities.
  78. 77. Port State responsibilities.
  79. 78. Rules for enforcement of Maritime Labour Convention.
  80. 79. Payment of wages.
  81. 80. Discharge of seafarers.
  82. 81. Wages and property of deceased seafarers and seafarers left behind.
  83. 82. Certain undisbursed amounts to be utilised for welfare of seafarers.
  84. 83. Shipping master to adjudicate disputes involving seafarer.
  85. 84. Power of shipping master to require production of documents.
  86. 85. Wages not recoverable outside India in certain cases.
  87. 86. Summary proceedings for wages.
  88. 87. Restrictions on suits for wages.
  89. 88. Remedies of master for wages, disbursements, etc.
  90. 89. Power to refer disputes between seafarers and employers to Tribunal.
  91. 90. Recovery of wages, etc., of seafarers lost with vessel.
  92. 91. Relief and maintenance of abandoned seafarers.
  93. 92. Replacement crew onboard abandoned vessels.
  94. 93. Inspection by shipping master, etc.
  95. 94. Special provisions for protection of seafarers in respect of litigation.
  96. 95. Facilities for making complaint.
  97. 96. Vessel not to be boarded without permission.
  98. 97. Misconduct endangering life or vessel.
  99. 98. Desertion and absence without leave.
  100. 99. General liability against discipline.
  101. 100. Smuggling of goods by seafarer.
  102. 101. Entry of offences in official logbook.
  103. 102. Report of desertions and absences without leave.
  104. 103. Entries and certificates of desertion abroad.
  105. 104. Facilities for proving desertion in proceedings for forfeiture of wages.
  106. 105. Application of forfeitures.
  107. 106. Decision of questions of forfeiture and deduction in suits for wages.
  108. 107. Payment of fines imposed under agreement to shipping master.
  109. 108. Seafarer not to be enticed to desert.
  110. 109. Stowaways and seafarers carried under compulsion.
  111. 110. On change of master, documents to be handed over to successor.
  112. 111. Deserters from foreign vessels.
  113. 112. Official logbook.
  114. 113. Power to make rules.
  115. 114. Application of this Part.
  116. 115. Definitions.
  117. 116. Safety and security requirements
  118. 117. Reporting of incidents
  119. 118. Obligations to render assistance on receiving signal of distress and to persons in danger
  120. 119. Search and rescue services
  121. 120. Radio communication requirements
  122. 121. Information about vessel's stability
  123. 122. Submersion of load lines
  124. 123. No vessel to carry passenger without certificate
  125. 124. Vessel not to proceed to sea without valid safety and security certificates
  126. 125. Penalties for certain acts
  127. 126. Vessel not to carry cargo or passengers in contravention of Act
  128. 127. Unseaworthy vessel not to be sent to sea
  129. 128. Obligation of ship owner, master or agent with respect to seaworthiness.
  130. 129. Safety and security management.
  131. 130. Power to make rules.
  132. 131. Application of this Part.
  133. 132. Definitions.
  134. 133. Control of discharge or emission of harmful substances or dumping at sea.
  135. 134. Prevention and containment of pollution and response.
  136. 135. Vessel not to proceed to sea without valid pollution prevention certificates.
  137. 136. Record books
  138. 137. Power to deny entry, detain or move vessel
  139. 138. Power to take measures for containment of pollution and reporting of incidents
  140. 139. Power of Central Government to give directions
  141. 140. Measures for detection of pollution
  142. 141. Appointment of analysts
  143. 142. Reception facilities
  144. 143. Power to make rules
  145. 144. Survey, audit and certification
  146. 145. Certificates
  147. 146. Power of surveyor
  148. 147. Compliance of provisions of convention
  149. 148. Recognition of certificates granted outside India
  150. 149. Grant of certificate to foreign vessels in India and Indian vessels in foreign States
  151. 150. Power to call for information
  152. 151. Power to conduct inspections
  153. 152. Power to make rules
  154. 153. Application of this Chapter
  155. 154. Apportionment of liability
  156. 155. Damage or loss of vessel, cargo or property.
  157. 156. Joint and several liability for loss of life or personal injury.
  158. 157. Right of contribution.
  159. 158. Duty of master of vessel to assist in case of collision.
  160. 159. Collision to be entered in official logbook.
  161. 160. Report to Director- General of accidents to vessels.
  162. 161. Notice of loss of Indian vessel to be given to Director- General.
  163. 162. Limitation of liability for damages in respect of certain claims.
  164. 163. Conduct barring limitation.
  165. 164. Counter claims.
  166. 165. Limits of liability.
  167. 166. Limit for passenger claims.
  168. 167. Aggregation of claims.
  169. 168. Constitution of limitation fund.
  170. 169. Limitation of liability without constitution of a limitation fund.
  171. 170. Distribution of fund.
  172. 171. Bar to other actions.
  173. 172. Compulsory insurance or other financial security for maritime claims subject to limitation.
  174. 173. Scope of application of this Chapter.
  175. 174. Power to make rules for matters under Chapters I and II of this Part.
  176. 175. Application of this Chapter.
  177. 176. Definitions.
  178. 177. Liability of ship owner.
  179. 178. Joint and several liability for ships.
  180. 179. Jurisdiction of High Court.
  181. 180. Jurisdiction where pollution damage occurs in two or more States.
  182. 181. Limitation of liability.
  183. 182. Constitution of limitation fund.
  184. 183. Claims for compensation where fund is established.
  185. 184. Acquisition of right for compensation by subrogation.
  186. 185. Consolidation of claims and distribution of fund.
  187. 186. Arrest and sale of ship if ship owner, etc., unable to satisfy claims for compensation.
  188. 187. Restriction on enforcement of claims after establishment of fund.
  189. 188. Compulsory insurance or other financial security.
  190. 189. Acceptance of certificate granted outside India.
  191. 190. Ban on entering or leaving an Indian port without certificate.
  192. 191. Direct action against insurer or other person providing financial security.
  193. 192. Recognition of judgment of court of contracting parties to Civil Liability Convention.
  194. 193. Limitation period.
  195. 194. Government ships.
  196. 195. Power to make rules.
  197. 196. Application of this Chapter.
  198. 197. Definitions.
  199. 198. Liability for bunker oil pollution.
  200. 199. Exemption from liability.
  201. 200. Right of ship owner to limitation of liability
  202. 201. Determination of limitation of liability
  203. 202. Consolidation of claims and distribution of amount
  204. 203. Extinguishment of right to claim
  205. 204. Maintenance of compulsory insurance or other financial security
  206. 205. Direct action against insurer or other person providing financial security
  207. 206. Grant of certificate
  208. 207. Ban on entering or leaving port without clearance
  209. 208. Right of recourse
  210. 209. Recognition of judgment of court of contracting parties to Bunker Convention
  211. 210. Power to make rules
  212. 211. Application of this Chapter
  213. 212. Definitions
  214. 213. Contribution to Fund
  215. 214. Contribution payable by persons to Fund
  216. 215. Liability of Fund
  217. 216. Limitation of liability of Fund
  218. 217. Power to call for information
  219. 218. Claims against Fund and jurisdiction of courts
  220. 219. Extinguishment of claims
  221. 220. Subrogation and right of recourse
  222. 221. Power of Central Government to establish fund for excess claim
  223. 222. Power to make rules
  224. 223. Application of this Part
  225. 224. Definitions
  226. 225. Appointment of nodal authority for marine incidents
  227. 226. Primary response party
  228. 227. Plans and procedures for response mechanisms
  229. 228. Powers of nodal authority
  230. 229. Maintenance of compulsory insurance or other financial security
  231. 230. Power to make rules
  232. 231. Marine casualties and report thereof
  233. 232. Power of Central Government to initiate proceedings
  234. 233. Application of this Chapter
  235. 234. Definitions
  236. 235. Receiver of wreck
  237. 236. Duty to report wrecks
  238. 237. Determination of hazard
  239. 238. Locating and marking of wrecks
  240. 239. Power to pass over adjoining lands
  241. 240. Prohibition of certain acts in respect of wreck
  242. 241. Search warrants where wreck is involved
  243. 242. Measures to facilitate removal of wrecks
  244. 243. Liability of ship owner
  245. 244. Maintenance of insurance or other financial security
  246. 245. Claims of ship owners to wreck.
  247. 246. Extinguishment of right to claim recovery of costs.
  248. 247. Application of this Chapter.
  249. 248. Definitions.
  250. 249. Salvage payable for saving life, cargo or wreck.
  251. 250. Salvage operations controlled by Government or port and public authorities.
  252. 251. Salvage contracts.
  253. 252. Duties of salvor, owner and master.
  254. 253. Rights of salvors.
  255. 254. Powers and duties of Central Government in relation to salvage operations.
  256. 255. Retention of salvors.
  257. 256. Disputes between ship owner and salvor.
  258. 257. Adjudication of disputes between ship owner and salvor.
  259. 258. Extinguishment of claims.
  260. 259. Savings.
  261. 260. Power to make rules.
  262. 261. Application of this Part.
  263. 262. Definitions.
  264. 263. Decision of question whether a vessel falls under this Part.
  265. 264. Requirements for safety, security, prevention of pollution and insurance.
  266. 265. Manning of fishing vessels.
  267. 266. Central Government to grant certificate of proficiency.
  268. 267. Training for grant of certificate of competency and certificate of proficiency.
  269. 268. Examination for grant of certificate.
  270. 269. Withdrawal, suspension or cancellation of certificate.
  271. 270. Production of certificate.
  272. 271. Agreements in respect of fishing vessel
  273. 272. Fishery data to be furnished by Indian fishing vessels
  274. 273. Vessel not to proceed without valid certificates
  275. 274. Power of Central Government to initiate action against non-mechanically propelled vessels
  276. 275. Statement relating to crew of vessels to be maintained
  277. 276. Inquiry to jettisoning of cargo
  278. 277. Detention of vessel by proper officer
  279. 278. Detention of unseaworthy vessels
  280. 279. Power to exempt
  281. 280. Power to make rules
  282. 281. Offences and penalties
  283. 282. Authority for imposition of penalty and procedure therefor.
  284. 282A. Compounding for certain offences.
  285. 283. Place of trial and jurisdiction of court.
  286. 284. Special provision regarding punishment.
  287. 285. Appointment of Special Public Prosecutors.
  288. 286. Penalties in respect of masters or owners of special trade passenger vessels.
  289. 287. Offences by companies.
  290. 288. Depositions to be received in evidence when witness cannot be produced.
  291. 289. Power to detain foreign vessel that has occasioned damage.
  292. 290. Power to enforce detention of vessel.
  293. 291. Levy of wages, etc., by distress of movable property or vessel.
  294. 292. Service of documents.
  295. 293. Birth and death of persons onboard vessel during a voyage.
  296. 294. Inquiry into cause of death onboard or person missing from Indian vessel.
  297. 295. Certain persons deemed to be public servants.
  298. 296. Power of persons authorised to investigate, inquire, etc.
  299. 297. Power to permit alternative provisions and arrangement.
  300. 298. Control of nuclear vessels and security measures.
  301. 299. Exemption of Government vessels, foreign and Indian.
  302. 300. Power to exempt.
  303. 301. Power of Director-General to give directions.
  304. 302. Special provisions with respect to defaulting ship owners.
  305. 303. Right to pursue foreign vessels in high seas.
  306. 304. Power of Central Government with respect to vessel without nationality.
  307. 305. Protection of action taken in good faith.
  308. 306. Agreement with other States.
  309. 307. Control measures and detention of vessels.
  310. 308. Costs of detention and damages.
  311. 309. Procedure for detention of vessel other than Indian vessel
  312. 310. Obligations of ports under conventions and monitoring thereof by Director-General
  313. 311. Power of Central Government in respect of abandoned vessels
  314. 312. Power to cancel, suspend, etc., certificate of seafarers
  315. 313. Re-hearing
  316. 314. Maintenance of insurance or such other financial security
  317. 315. Use and maintenance of electronic records
  318. 316. Classification of vessels
  319. 317. Transparency of charges
  320. 318. Power of Director-General to call for information
  321. 319. General power to make rules
  322. 320. Provisions with respect to rules
  323. 321. Power to remove difficulties
  324. 322. Power to constitute committees
  325. 323. Power of Central Government to protect interest of Indian Shipping
  326. 324. Repeals and savings
  327. 325. Amendment of Act 20 of 2021

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