Power to take measures for containment of pollution and reporting of incidents

The Merchant Shipping Act, 2025

Infrastructure2025327 sections

Read full ActSections

Part VII PREVENTION AND CONTAINMENT OF POLLUTION FROM VESSEL AND RESPONSE

Statutory text

(1) Where an incident in which the cargo or harmful substances escape or is likely to escape from a vessel causes or threaten to cause pollution of air, marine environment or any part of coasts or coastal waters, the master of every vessel shall report the particulars of such incident to such authority in such manner as may be prescribed.
(2) The Central Government shall, upon receiving information regarding any incident of pollution under sub-section (1), immediately take notice of such incident and may direct the owner, agent, master, charterer, operator, lessee or licensee of the vessel by notice served on him, to take the following actions, namely:--
- (a) to prevent the escape of such harmful substances from the vessel, as may be specified in such notice;
- (b) to remove the cargo or oil or noxious liquid substance or harmful substance from the vessel in such manner and to such place, as may be specified in the notice;
- (c) to remove the vessel to a place, as may be specified in the notice;
- (d) to remove the cargo or oil or noxious liquid substance or harmful substance slicks on the surface of the sea in such manner as may be specified in the notice;
- (e) to prohibit the removal of the vessel including any cargo or stores therein, from a place specified in the notice; and
- (f) any other action as may be considered necessary to prevent such damage.
(3) If a vessel referred to in sub-section (1) is abandoned or a report from such vessel is incomplete, the Central Government shall fix the responsibility of the incident on the master or owner of that vessel.
(4) Where the release of harmful substances has caused or is likely to present a grave and imminent danger to the coast or coastal waters, the Central Government may proceed to take such measures as may be deemed necessary to prevent, mitigate or eliminate such threat or danger.
(5) Where any person fails to comply with any notice served on him under sub-section (2), the Central Government may, whether or not such person is convicted of an offence under this Part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for,--
- (a) carrying out the directives given in the notice issued under sub-section (2);
- (b) containing the pollution caused or preventing the pollution threatened to be caused, to any part of the coast or coastal waters by any harmful substance having escaped or threatening to escape from the vessel.
(6) Subject to the provisions of this Part, any expenditure or liability incurred by the Central Government in, or by reason of, the exercise of powers under sub-section (5) in relation to any vessel in respect of which a notice had been issued under this section, shall be a debt due to the Central Government and may be recovered from the person or persons on whom the notice was served or from all or any of those persons, and shall be a charge upon all or any vessel owned by that person or persons which may be detained by the Central Government until the amount is paid: Provided that where the amount due to the Central Government is not paid within reasonable time, the Central Government may cause all or any vessel owned by such person or any part thereof to be sold, for the purpose of recovery of such an amount with applicable interest.
(7) The Central Government shall have the power to take such measures as may be deemed necessary to prevent, mitigate or eliminate grave and imminent danger to the coastline or related interests from pollution or threat of pollution following any incident on the high seas which may reasonably be expected to result in major harmful consequences to the coastline or coastal waters.
(8) The Central Government may make national or regional arrangement system for responding promptly and effectively to pollution incidents occurring within the coastal waters.

Study data processing for this section.

PDF: pending for this language.