MSAct1958

Describe the contents of the Merchant Shipping Act in brief?

Part I,

which is Preliminary, gives short title of the Act with date of commencement, application of the Act and definitions of the terms used in the Act.

Part II

of the Act contains provisions relating to the establishment and functions of National Shipping Board.

Part III

deals with the general administration. It includes: appointment of director general; establishment of mercantile marine departments, shipping offices, seaman’s employment offices and seamen’s welfare offices; etc. It also deals with the appointment of principal officers at MMD, Mumbai, Calcutta and Madras. It also deals with appointment of and other officers at other ports. These include: surveyors, radio inspectors, shipping masters; director of seamen’s employment offices; and seamen’s welfare officers.

Part IV

which dealt with the formation of shipping development fund and establishment of shipping development fund committee, has been abolished vide M.S. (Amendment) Act of 1986 (66 of 1986).

Part V

deals with: the registration of Indian ships; defining the Indian ships; provisions for obligation to register; procedure for registration; granting of certificate of registry; endorsement for change of Master and owner; transfer of ships’ shares; etc. It also provides: rules in respect of name of ship; provisions for alternations; transfer of registry; national character of the ships and flag; etc.

Part VI

is certificates of officers. Certificates of Masters, mates, engineers, skippers, etc. are covered. The requirements regarding officers on board various categories of ships and safe manning document are dealt here.

Part VII

deals with seamen and apprentices. It gives vide ranging provision for classification of seamen. Part also deals with: their engagements, management and discharge; various issues of wages; deceased, distressed seamen; litigation and other matters; provision as to discipline; etc.

Part VIII

deals with: passenger ships; their survey / certificate of survey; powers of surveyor; fee/ duration of survey; etc. This part also contains provision for special trade passenger ships and pilgrim ships.

Part IX

of the Merchant Shipping Act 1958 deals with the provisions relating to Safety. This part gives: the provisions relating to construction rules for ships; prevention of collisions; life saving appliances and fire appliances; installation of radio instruments, signaling lamp; and provisions relating to stability information. This part also deals with the provisions relating to safety certificates, safety equipment certificates, safety radio certificates, exemption certificates, etc. Load lines, timber cargo, dangerous goods, grain loading unseaworthy ships, detention of unsafe ships, etc are the other areas covered.

Part IX

A deals with nuclear ships.

Part IX B

deals with security of ships and port facilities.

Part X

deals with the collision, accident at sea and liability which includes provision for division of loss in case of collision, damages, personal injury etc.

Part X A

deals with limitation of liability of owners in case of certain damages, whereas

Part X B

gives provision for civil liability for oil pollution damage.

Part X C

deals with International oil pollution compensation fund.

Part XI is Navigation.

This part deals with: the duty of Master to report danger to navigation; manner of communicating reports of danger to navigations; obligation to render assistance to persons and ships in danger; etc.

Part XI A

is ‘prevention and containment of pollution of sea by oil’. This part contains provision for prevention of pollution and gives powers to central government for prohibition as to: discharge of oil and oily mixtures; inspection and control of ships to which oil pollution convention applies; maintenance of oil record book; oil reception facilities; etc.

Part XII

provides the provision for investigation and inquiries in shipping casualties. It gives the court the powers: to hold formal investigations; to arrest witnesses or enter the ships, to commit trial; to censure Masters, mates or engineer or to remove Master; etc. A marine board can be appointed by the counselor officer if the casualty occurs at foreign waters. Central Government can cancel or suspend certificate of Master, mate or engineer. Constitution of court of survey is also provided for.

Part XIII

is Wreck and Salvage. This part gives provision for matters relating to wreck and salvage.

Part XIV

of the Act gives powers to the central government for control of Indian ships and ships engaged in coasting trade.

Part XV

contains the provisions for sailing vessels and

Part XVA

deals with fishing boats.

Part XVI

has the provisions for penalties for violation of the provisions of the Act and procedure thereof.

Part XVII,

contains: miscellaneous provisions for: appointing examiners; powers of ship surveyor; inquiry into case of death on board the ships; etc. Part XVIII is repeals and savings.