IMO & INTERNATIONAL

CONVENTIONS

By Capt. Rajkumar Goel

 SYLLABUS UNIT 1&2
• UG21T5605 IMO & International Conventions 45+15=60 Hrs
• 1.1 State that maritime law is based partly on generally accepted
customary rules developed over many years and partly on statute law
enacted by States.
• 1.2 State that matters of safety, protection of the marine environment
and conditions of employment are covered by statute law.
• 1.3 State that the main sources of maritime law are international
conventions.
• 1.4 State that the adoption of international conventions and
agreements is intended to provide uniform practice internationally.
 SYLLABUS UNIT 1&2
• 1.5 State that a convention is a treaty between the States which have
agreed to be bound by it to apply the principles contained in the
convention within their sphere of jurisdiction.
• 1.6 State that, to implement a convention or other international
agreement, a State must enact national legislation giving effect to and
enforcing its provisions.
• 1.7 State that recommendations which are not internationally binding
may be implemented by a State for ships flying its flag
• 1.8 Explain that the main originators of international conventions
concerned with maritime law are:
 SYLLABUS UNIT 1&2
• a) International Maritime Organization (IMO)
• b) International Labour Organization (lLO)
• c) Comite Maritime International (CMI)
• d) United Nations

• 1.9 Describe:
• a) flag State jurisdiction
• b) coastal State jurisdiction
• c) port State jurisdiction
 SYLLABUS UNIT 1&2
• 1.10 Describe main elements of SOLAS, MARPOL and STCW.
• – Explain the significance of the ‘no more favourable treatment’
clause in the SOLAS, MARPOL, STCW and ILO Minimum Standards in
Merchant Ships Conventions
• – Distinguish between private and public international law
• – Explain that public maritime law is enforced through:
• – surveys, inspection and certification
• – penal sanctions (fines, imprisonment)
 SYLLABUS UNIT 1&2
• – administrative procedures (inspection of certificates and records,
detention)
• – State that the operation of a ship is governed by the national laws
and regulations of the flag State, including those laws and regulations
giving effect to international conventions
• a) – State that differences of detail usually exist in the national
laws of different states implementing the same convention
• – State that, when serving in a ship flying a foreign flag, it is essential
that the master and chief mate familiarize themselves with the laws
and regulations of the flag State
 SYLLABUS UNIT 1&2
• – State that, when in port, a ship must also comply with the appropriate
laws and regulations of the port State
• – Describe the importance of keeping up to date with developments in new
and amended legislation.
• - Organizations with maritime functions; UNO, WHO, ITF, UNCITRAL,
UNCTAD, WTO (Outline of work relevant to maritime sector)
• - IMO Instruments: Conventions, Protocols, Codes, Recommendations, and
Guidelines. (purpose and examples of each)
• a) -IMO Conventions: List of IMO conventions. Development, adoption,
conditions for coming into force, implementation, enforcement and
amendments of conventions.
 SYLLABUS UNIT 1&2
• 2 Indian Merchant Shipping Act, 1958:
• 2.1 Definitions.
• 2.2 Registration of Indian ships; Section 20 to 74
• 2.3 Seamen and Apprentices. Section 88 to 218
• 2.4 Investigation and inquiries. Section 357 to 389
 SYLLABUS UNIT 1&2
• 2 Indian Merchant Shipping Act, 1958:
• 2.1 Definitions.
• 2.2 Registration of Indian ships; Section 20 to 74
• 2.3 Seamen and Apprentices. Section 88 to 218
• 2.4 Investigation and inquiries. Section 357 to 389
 International Organizations & IMO

• Modern Maritime Law is an interesting combination of some of the

oldest seafaring standards imaginable and new regulations that were
necessitated as the industry changed over time. Since ancient times,
Maritime Law has governed topics including insurance, salvage, and
the protection of ship workers.
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• Maritime or Admiralty Law was first documented at the time of Ancient
Egypt, to fill a very real need in the civilized world. In order for trade to
flourish, ships needed to be able to travel from port to port with a
reasonable expectation of safety and fair trade. Differing customs led
local courts and tribunals to be locally biased. Eventually, it became clear
that disputes needed to be settled in a single court system.
• Ship-owners and captains might employ sailors from all along their trade
route and would need a clear understanding of how those seamen or
their families would be compensated if they were seriously injured or lost
at sea. Establishing the rights and responsibilities of ports and ship
owners into formal law was essential to trade between nations and city-
states.
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• Many of the old laws persist today because most of the challenges and
hazards of maritime work remain the same. These jobs were, and
continue to be, dangerous ones. Maintaining a seaworthy vessel and
providing maintenance and cure to workers on board have always been
prime responsibilities of ship and fleet owners.
• Ship-owners who do not abide by the code face claims in Admiralty
Courts or in other national courts that are bound by Maritime Law. These
courts have jurisdiction over many aspects of the shipping and passenger
cruise industries. Now, as in the past, sailors can have a legal advocate,
or maritime accident lawyer, by their side when making a claim for
injuries sustained at sea.
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• How Does Maritime Law Protect Injured Workers?
• As early as 1160 AD, the concept of “maintenance and cure” has existed
as part of Maritime Law. The obligation of the shipowner has historically
been to pay for medical care and devices for a sailor injured in service of
the vessel; this is considered the “cure.” “Maintenance” is the
shipowners’ obligation to cover living expenses while workers recover
until they are fit for duty.
• If these are not provided to injured ship workers, they have the
established right to sue shipowners for maintenance and cure, as well as
attorney fees. Punitive damages may even be awarded in cases where the
failure to provide maintenance and cure is “willful”
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• List of IMO Conventions
Convention on the International Regulations for Preventing Collisions at
Sea (COLREG), 1972
• Deals with regulations dealing with prevention of collision at sea
Convention on Facilitation of International Maritime Traffic (FAL), 1965
• Deals with documentation required for port clearance
International Convention on Load Lines (LL), 1966
• Deals with the assignment of freeboard
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International Convention on Maritime Search and Rescue (SAR), 1979
• The convention was aimed at developing an international SAR plan, so that, no
matter where an accident occurs, the rescue of persons in distress at sea will be
co-ordinated by a SAR organization and, when necessary, by co-operation
between neighbouring SAR organizations.
International Convention for Safe Containers (CSC), 1972
• One is to maintain a high level of safety of human life in the transport and
handling of containers by providing generally acceptable test procedures and
related strength requirements.
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• The other is to facilitate the international transport of containers by providing
uniform international safety regulations, equally applicable to all modes of
surface transport. In this way, proliferation of divergent national safety
regulations can be avoided.
•
• The requirements of the Convention apply to the great majority of freight
containers used internationally, except those designed especially for carriage by
air. The scope of the Convention is limited to containers of a prescribed minimum
size having corner fittings ‑ devices which permit handling, securing or stacking.
 International Organizations & IMO
International Convention Relating to Intervention on the High Seas in
Cases of Oil Pollution Casualties (INTERVENTION), 1969
• The Convention affirms the right of a coastal State to take such measures on the
high seas as may be necessary to prevent, mitigate or eliminate danger to its
coastline or related interests from pollution by oil or the threat thereof, following
upon a maritime casualty.
Convention on the Prevention of Marine Pollution by Dumping of Wastes
and Other Matter (LC), 1972 (and the 1996 London Protocol)
• The London Dumping Convention contributes to the international control and
prevention of marine pollution by prohibiting the dumping of certain hazardous
materials. In addition, a special permit is required prior to dumping of a number
of other identified materials and a general permit for other wastes or matter.
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International Convention on Oil Pollution Preparedness, Response and
Co-operation (OPRC), 1990
• Parties to the International Convention on Oil Pollution Preparedness, Response
and Co-operation (OPRC) are required to establish measures for dealing with
pollution incidents, either nationally or in co-operation with other countries.
The Hong Kong International Convention for the Safe and
Environmentally Sound Recycling of Ships, 2009
• The Hong Kong Convention) is aimed at ensuring that ships, when being recycled
after reaching the end of their operational lives, do not pose any unnecessary risk
to human health and safety or to the environment.
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International Convention for the Control and Management of Ships'
Ballast Water and Sediments, 2004
• Under the Convention, all ships in international traffic are required to manage
their ballast water and sediments to a certain standard, according to a ship-
specific ballast water management plan. All ships will also have to carry a ballast
water record book and an international ballast water management certificate. The
ballast water management standards will be phased in over a period of time. As
an intermediate solution, ships should exchange ballast water mid-ocean.
However, eventually most ships will need to install an on-board ballast water
treatment system.
 International Organizations & IMO
• Convention is an agreement between states for regulation of matters
affecting all of them.
• Conventions are designed as an obligation creating instrument when
ratified. Once convention is ratified, its provisions become mandatory on
the member state.
• The term "Convention" is also basically a treaty but, it has participation at
the global level where every member country can participate.
Conventions are therefore agreements negotiated under the auspices of
an international organization.
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• Protocol - As far as we are concerned, IMO has only used the ‘Protocol to
Amend’ function in its Conventions. In order for the change to a
Convention to be called a ‘Protocol’, and not an amendment, two
parameters have to be fulfilled:
• 1. The issue has to be of vital importance
• 2. The change should be such that the ‘existing face’ of the treaty / convention is
altered.
• For example, the change of 1997 (Introduction of Annex VI) to MARPOL
73/78 is called a Protocol and not an amendment. Why? Because, the
issue of air pollution was of vital importance based on the global issue of
“global warming” and the introduction of a new annex changed the face
of the existing convention
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• Earlier when we mentioned MARPOL, we meant five annexes, now we
mean six annexes; and, Annexes 1 to 5 deal with prevention of pollution
of the marine environment whereas, for the first time MARPOL was going
to deal with prevention of pollution of the air environment. Hence the
change of 1997 to MARPOL is NOT called an amendment, but Protocol
1997
• Any change in the convention done before entering into force is done
through Protocol.
• Marpol Protocol 1978 made changes before the convention entered into
force.
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• Resolutions lay down standards of policy. They are not binding and have
not the same authority. They supplement in many respects the provisions
of the conventions. Resolutions have merely an advisory character. They
contain Guidelines and recommendations.
• Codes stand between the resolution and convention. When the code is
referred to by the convention, it will become mandatory

• The adoption of international conventions and agreements is intended to

provide uniform practice internationally.
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• Enforcement of maritime laws is left up to the authorities in the location
where the incident occurred. But at the same time, the flag state of the
vessel also has jurisdiction to investigate the incident and to further
complicate the issues, any crime involving a US citizen while aboard a
cruise ship, regardless of location worldwide, gives the FBI jurisdiction
over the case as well. There is not necessarily a simpler answer to the
question who enforces maritime law.
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• In terms of enforcement of maritime law on international waters, there is
typically a hierarchy of enforcement rights, stating with the “flag state”,
followed by the nearest coastal country, as well as other factors that may
be outlined in the UN conventions about international jurisdiction over
specific areas of international waters.
• Governments are responsible for implementing it. When a Government
accepts an IMO Convention it agrees to make it part of its own national
law and to enforce it just like any other law. The problem is that some
countries lack the expertise, experience and resources necessary to do
this properly. Others perhaps put enforcement fairly low down their list
of priorities.
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• Any
convention
is binding
only on
parties
ratifying it.
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• Draft convention
• The session of the committee is held every 6 months. Based on the
information and research, any member state can propose the need for a
new convention.
• If satisfied with the merits of the proposal, the committee will forward
the proposal to council or assembly as required.
• if the Council or Assembly accepts the proposal, it would authorize the
committee to proceed with the work.
• The committee will then work on this proposal in detail and will draw a
draft convention.
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• This draft convention is then sent to the Council and the Assembly. At this
point, the committee would also recommend the Council and Assembly
for a conference for the adoption of the convention.
• Adoption of the convention
• The Council or the Assembly would set a date for the conference for the
adoption of the convention and communicate this date to all the member
states.
• The draft convention is also circulated to all the member states for their
comments. The committee examines the comments (if any) from the
various member states to amend the draft convention before the
conference.
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• In the conference, the amended draft convention is presented to the
member states.
• Once the majority of the member states present agree with the
final draft of the convention, it is formally considered adopted.
• The adopted convention is then sent to the Secretary General of the IMO
who sends the copies to all the member states.
• Ratification of the convention
• An adopted convention is still not binding on the member states. The
convention needs to be ratified.
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• The required conditions for this adopted convention to be considered
ratified are pre-agreed during the drafting process.
• These conditions are in one of the articles of the adopted convention.
• For example, Article 18 of the Ballast water convention has set the
conditions for entry into force of the convention as
• The convention will enter into force 12 months after ratification by a
minimum of 30 States, representing 35 percent of world merchant
shipping tonnage.
• How many states and how much tonnage percentage for ratification is
decided by the committee and agreed by the member states during the
adoption process.
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• Generally, the stricter convention would require more number of states
and tonnage to ratify the convention for its entry into force.
• Entry into force for the convention
• A convention would enter into force when a minimum number of
member states accepts it.
• Ratification: By Signature
• If the convention allows, the most formal way of showing the acceptance
of the convention is by a simple signature.
• In this method, the representative of the member state signs on the
sheet provided by the IMO.
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• By Accession
• IMO sets a time frame (say, 12 months after adoption) for the acceptance
of the convention by signature.
• After this time frame is over, the member states can show their consent
by accession.
• Accession is the method used by a State to become a party to a treaty
which it did not sign whilst the treaty was open for signature.
• A member state is considered to have become the party to the
convention when it deposits the “instrument of accession” to the
depository of the convention
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• Amendment
• Any change to the convention is an amendment. The amendments are
brought about after any shipping casualty or after research.
• The amendment can be proposed by any Government or by the
subcommittee is submitted to the Secretary General who will circulate it
to all the members of the organization.
• The amendment shall be adopted by the committee only if two thirds of
the members present in the conference vote for the amendment.
• Once the amendment is adopted, it sent to all Governments for
ratification.
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• The acceptance can be implicit or tacit.
• In case of implicit ratification, the amendment set the conditions for
entry into force of the convention as
• The convention will enter into force 12 months after ratification by a
minimum of 30 States, representing 35 percent of world merchant
shipping tonnage.
• In case of Tacit ratification – the amendment will enter into force at the
specified time unless it is objected by one third of the members within
the specified period.
 International Organizations & IMO
• The United Nations (UN), is an intergovernmental organization
responsible for maintaining international peace and security, developing
friendly relations among nations, achieving international cooperation,
and being a centre for harmonizing the actions of nations. It is the
largest, most familiar, most internationally represented and most
powerful intergovernmental organization in the world. The UN is
headquartered in New York City; other main offices are in Geneva,
Nairobi, Vienna and The Hague.
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• Its objectives include maintaining international peace and security,
protecting human rights, delivering humanitarian aid, promoting
sustainable development and upholding international law

• The UN has six principal organs: the General Assembly; the Security
Council; the Economic and Social Council; the Trusteeship Council; the
International Court of Justice; and the UN Secretariat.
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• The UN System includes a multitude of specialized agencies, such as the
World Bank Group, the World Health Organization, the World Food
Programme, UNESCO, and UNICEF. Additionally, non-governmental
organizations may be granted consultative status with ECOSOC and other
agencies to participate in the UN's work. The UN's chief administrative
officer is the Secretary-General.
• What is an Intergovernmental Organization : An intergovernmental
organization is an organization composed primarily of sovereign states
(referred to as member states). Treaties are formed when lawful
representatives (governments) of several states go through a ratification
process, providing the Intergovernmental Organization with an
international legal personality.
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• International Labour Organization (ILO)
• The International Labour Organization (ILO) is a United Nations agency
whose mandate is to advance social justice and promote decent work by
setting international labour standards. It was the first specialised agency
of the UN. The tripartite structure is unique to the ILO where
representatives from the government, employers and employees openly
debate and create labour standards.
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• The International Labour Organization has developed a system of
international labour standards aimed at promoting opportunities for
women and men to obtain decent and productive work, in conditions of
freedom, equity, security and dignity.
• The International Labour Office is the permanent secretariat of the
International Labour Organization. It is the focal point for International
Labour Organization's overall activities, which it prepares under the
scrutiny of the Governing Body and under the leadership of the Director-
General.
 International Organizations & IMO
• What exactly is IMO?
• The International Maritime Organization is a specialized agency of the
United Nations which is responsible for measures to improve the safety
of international shipping and to prevent marine pollution from ships. It
also is involved in legal matters, including liability and compensation
issues and the facilitation of international maritime traffic. It was
established by means of a Convention adopted under the auspices of the
United Nations in Geneva on 17 March 1948 and met for the first time in
January 1959. It currently has 158 Member States.
 International Organizations & IMO
• IMO's governing body is the Assembly which is made up of all 158
Member States and meets normally once every two years. It adopts the
budget for the next biennium together with technical resolutions and
recommendations prepared by subsidiary bodies during the previous two
years. The Council acts as governing body in between Assembly sessions.
It prepares the budget and work programme for the Assembly. The main
technical work is carried out by the Maritime Safety, Marine Environment
Protection, Legal, Technical Co-operation and Facilitation Committees and
a number of sub-committees.
 International Organizations & IMO
• What does IMO do?
• When IMO first began operations its chief concern was to develop
international treaties and other legislation concerning safety and marine
pollution prevention. By the late 1970s, however, this work had been
largely completed. After that IMO concentrated on keeping legislation up
to date and ensuring that it is ratified by as many countries as possible.
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• This has been so successful that many Conventions now apply to more
than 98% of world merchant shipping tonnage. Currently the emphasis is
on trying to ensure that these conventions and other treaties are
properly implemented by the countries that have accepted them. The
texts of conventions, codes and other instruments adopted by IMO can
be found in the section dealing with Publications.
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• The International Transport Workers’ Federation (ITF) is a democratic,
voluntary and affiliate-led federation of 670 trade unions, in 140
countries, representing 19.7 million working men and women in all
transport sectors. They passionately campaign for transport workers’
rights, equality, and justice.
• The following goals form part of our constitution and inspire everything
they do.
• to promote respect for trade union and human rights worldwide
• to work for peace based on social justice and economic progress
• to help our affiliated unions defend the interests of their members
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• to provide research and information services to our affiliates
• to provide general assistance to transport workers in difficulty
• All Open Registry vessels covered by an ITF-accepted agreement are
issued an ITF Blue Certificate by the ITF Secretariat, which signifies the
ITF's acceptance of the wages and working conditions on board.
• The organization also informs and advises unions about developments in
the transport industry in other countries or regions of the world, and
organise international solidarity actions when member unions in one
country are in conflict with employers or government.
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• CMI - Comite Maritime International
• The CMI was perhaps in one sense a descendant of the International Law
Association. The Comité was the first international organization
concerned exclusively with maritime law and related commercial
practices.
• In addition to its continuing work on maritime conventions, the CMI is
involved in the formation and maintenance of codes of maritime and
related commercial practice. In 1990 the CMI adopted uniform rules for
Seaway bills, and for most of its existence the Comité has been custodian
of the York-Antwerp Rules for adjustment of general average, which were
most recently revised by the CMI at its Assembly in London in 2004
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• They have committees to deal with:
• Act of piracy and Maritime violence
• Offshore activities
• Liability for wrongful arrest
• Cybercrime in shipping
• Liability for Classification Society
• Maritime Law for unmanned craft
• Fair treatment of seafarers in the event of a Maritime Accident
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• FLAG STATE JURISDICTION:
• Nationality of Ships, Duties of Flag states and Flag State Control
• Every state shall fix the conditions for the nationality of ships, for
registration of ships in their territory, and for the right to fly its flag. Ships
have the nationality of the state whose flag they are entitles to fly. There
must exist a genuine link between the state and the ship.
• Every state shall issue to the ships to which it has granted the right to fly
its flag documents to that effect.
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• Duties of flag state – 1. Every flag state shall effectively exercise its
jurisdiction and control in administrative, technical and social matters
over ships flying its flag.
• 2. In particular every state shall :
• Maintain a register of ships containing names and particulars of ships
flying its flag, except those which are excluded from generally accepted
International regulations on account of their size; and
• Assume jurisdiction under its internal law over each ship flying its flag
and its master, officers and crew in respect of administrative, technical
and social matters concerning the ship.
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• Flag state control
• Every ship shall take such measures for ships flying its flag as are
necessary to ensure safety at sea with regard to: -
• The construction, equipment and seaworthiness of the ship
• The manning of the ship, the labour conditions and the training of crew
taking into account the applicable International instruments; and
• The use of signals, maintenance of communication and prevention of
collision.
• Such measures shall include those necessary to ensure:
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• That each ship before registration and thereafter at appropriate intervals is
surveyed by a qualified surveyor of ships, and has on board charts, nautical
publications and navigational equipment and instruments as are appropriate for
the safe navigation of the ship
• That the ship is in charge of a master and officers who possess appropriate
qualifications, in particular in communications and marine engineering, and the
crew is appropriate in qualification and number for the type, size machinery and
equipment of the ship.
• That the master, officers and to the extent the appropriate crew are fully
conversant with and required to observe the applicable international regulations
concerning the safety of life at sea, the preventing of collision, reduction and
control of marine pollution and the maintenance of communication by radio
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• Responsibilities of coastal states,
• The coastal state shall not hamper the innocent passage of foreign ships through
their territorial sea except in accordance with this convention.
• The coastal state shall not
• Impose requirements on foreign ships which have the practical effect of denying or
impairing the right of innocent passage; or
• Discriminate in form or in fact against the ships in any state or against ships
carrying cargoes to, from or on behalf of any state.
• The coastal state shall give appropriate publicity to any danger to navigation of
which it has knowledge within its territorial waters.
• The coastal state shall take necessary steps in its territorial sea to prevent the
passage which is not innocent.
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• Port State Control (PSC) is the inspection of foreign ships in national ports to verify that
the condition of the ship and its equipment comply with the requirements of international
regulations and that the ship is manned and operated in compliance with these rules.
• Many of IMO's most important technical conventions contain provisions for ships to be
inspected when they visit foreign ports to ensure that they meet IMO requirements.

These inspections were originally intended to be a back up to flag State implementation,

but experience has shown that they can be extremely effective. The Organization
adopted resolution A.682(17) on Regional co-operation in the control of ships and
discharges promoting the conclusion of regional agreements. A ship going to a port in one
country will normally visit other countries in the region and it can, therefore, be more
efficient if inspections can be closely coordinated in order to focus on substandard ships
and to avoid multiple inspections.
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• This ensures that as many ships as possible are inspected but at the same time
prevents ships being delayed by unnecessary inspections. The primary
responsibility for ships' standards rests with the flag State - but port State control
provides a "safety net" to catch substandard ships.
• It was after this that the Paris MOU was founded. After it was put into practice, it
was realized that if neighbouring countries also exercise control on the same ship
within short intervals, then this would lead to unnecessary duplication of work.
• So with regards to this, a regional co-operation amongst the countries was agreed
which would avoid duplication of work. Under this act, it was also decided to
share information and tracking of ship movement and previous history of the
ships between the maritime countries. As per the information, the inspections
can be followed up as required.
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• Nine regional agreements on port State control - Memoranda of
Understanding or MoUs - have been signed:
• Europe and the north Atlantic (Paris MoU);
• Asia and the Pacific (Tokyo MoU);
• Latin America (Acuerdo de Viña del Mar);
• Caribbean (Caribbean MoU);
• West and Central Africa (Abuja MoU);
• the Black Sea region (Black Sea MoU);
• the Mediterranean (Mediterranean MoU);
• the Indian Ocean (Indian Ocean MoU);
• and the Riyadh MoU.
• United States Coast Guard maintain the tenth PSC regime.
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• Paris memorandum of understanding (MOU) laid down few general rules
for the inspection of foreign vessels. They are as follows:
• Inspection would be carried out on ships coming to a port for the first
time or after an absence of 12 months of more
• Inspection would be carried out of ships which have been permitted to
leave the port of a state with deficiencies to be rectified
• Inspection would be carried out of ships which have been reported as
being deficient by pilots or port authorities
• Ships whose certificates are not in order would be inspected
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• Ships which has been involved in any kind of accident such as grounding,
collision or stranding on the way to a port will be inspected
• Inspection of ship which are carrying dangerous or polluting goods and
have failed to report relevant information would be inspected
• Ships which have been suspended from the class in the preceding 6
months would be inspected
• Ships which have been subject of a report or notification by another
authority would be inspected
• Inspection of ships which are accused of an alleged violation of the
provision of IMO as to pose a threat to the ship’s crew, property, or
environment would be inspected
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• A ship is allowed to leave a port only on condition that the deficiencies
found will be rectified before the departure or at the next port or within
14 days.
• ship is detained mainly when she is found to be dangerously unsafe to
the safety of the ship, its crew and to marine environment. She can also
be detained when the condition and standard of the ship is in complete
contravention with the regulations put forth by the IMO and other
maritime authorities.
• The data collected from port state inspections of all the ships is stored in
an information system called the “Equasis.
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• The deficiencies noted are in documentation, certification, LSA, FFA, Oil
record book, Hygiene, rest hours, Ship’s structure.
• Failure of proper operation of emergency generator.
• Insufficient cleanliness of engine room
• Absence of corrected navigational charts
• Improper operation of navigation and radio equipment
• Failure of proper operation of main and emergency steering
• Deterioration of LSA and FFA
• Not complying with pollution regulations
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SOLAS
• The International Convention for the Safety of Life at Sea (SOLAS), 1974 describes the
requirement for all merchant ship of any flag state to comply with the minimum safety
norms laid down in the chapters which are as follows:
• Chapter I – General Provisions: Surveys and certification of all the safety items etc,
application and definitions are included.
• Chapter II-1 – Construction – Subdivision and stability, machinery and electrical
installations: Part A of Chapter II-1 deals with coating in DB tanks of bulk carriers,
access in bulk carriers and tankers, towing and mooring equipment and goal based
standard.
• Part B of the chapter deals sub division and stability of passenger ships
• Part C of the chapter deals with machinery installation of passenger ships and cargo
ships.
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• Part D of the chapter deals with electrical installations.
• Part E of the chapter deals with periodically unattended machinery
• Part F deals with alternate design and arrangement
• Part G deals with Low flash point fuels
• Deals with water tight integrity of the ship, especially for passenger vessel.
• Chapter II-2 – Fire protection, fire detection and fire extinction: This
chapter elaborates the means and measure for fire protection in
accommodation, cargo spaces and engine room for passenger, cargo and
tanker ship, Helicopter facilities and carriage of dangerous goods. Casualty
threshold, safe return to port and safe areas by passenger ships.
 International Organizations & IMO
• Chapter III – Life-saving appliances and arrangements: All the lifesaving appliances and
there use in different situations is described for passenger ships and cargo ships.
• Chapter IV – Radio communications: Includes requirements of GMDSS, equipment to be
carried in various areas for all ships. It also deals with maintenance requirement and
position updating.
• Chapter V – Safety of navigation: This chapter deals with Navigational equipment, charts
and publications, ship routeing, vessel traffic services, steering gear drill, information
required in danger messages and distress situation obligation and procedures.
• Chapter VI – Carriage of Cargoes: This chapter defines storage and securing of different
types of cargo and containers, carriage of bulk cargo and grain
• Chapter VII – Carriage of dangerous goods: Part A – Carriage of Dangerous goods in
packed form.
• Part B – Carriage of dangerous goods in solid form in bulk
 International Organizations & IMO
• Part C- Construction and equipment of ships carrying dangerous liquid
chemicals in bulk
• Part D - Construction and equipment of ships carrying liquefied gases in bulk
• Part E – Special requirement for carriage of nuclear fuel and radio active waste
• Chapter VIII – Nuclear ships: The code of safety for nuclear propelled ship is
stated in this chapter.
• Chapter IX – Management for the Safe Operation of Ships: The International
Safety Management code for ship owner and operator is described clearly.
• Chapter X – Safety measures for high-speed craft: safety code for high speed
craft is explained.
 International Organizations & IMO
• Chapter XI-1– Safety Measures to enhance maritime safety – Enhanced
survey, port state control, investigation for maritime casualties and
incidents
• Chapter XI-2 Special measures to enhance maritime security – Deals
with ISPS Code
• Chapter XII – Additional safety measures for bulk carriers: Includes
safety requirement for above 150 meters length bulk carrier.
• Chapter XIII – Verification of Compliance – Dealing with periodic Audits
• Chapter IV – Safety Measures for ships operating in polar waters
 International Organizations & IMO
MARPOL
• The International Convention for the Prevention of Pollution from Ships
(MARPOL) is one of the main international convention covering prevention of
pollution of the marine environment by ships from operational or accidental
causes.
• The MARPOL Convention was adopted on 2 November 1973 at IMO. The Protocol
of 1978 was adopted in response to a spate of tanker accidents in 1976-1977. As
the 1973 MARPOL Convention had not yet entered into force, the 1978 MARPOL
Protocol absorbed the parent Convention. The combined instrument entered
into force on 2 October 1983. In 1997, a Protocol was adopted to amend the
Convention and a new Annex VI was added which entered into force on 19 May
2005. MARPOL has been updated by amendments through the years.
 International Organizations & IMO
• The Convention includes regulations aimed at preventing and minimizing
pollution from ships - both accidental pollution and that from routine
operations - and currently includes six technical Annexes. Special Areas with
strict controls on operational discharges are included in most Annexes.
• Annex I Regulations for the Prevention of Pollution by Oil (entered into
force 2 October 1983)
• Covers prevention of pollution by oil from operational measures as well as
from accidental discharges; the 1992 amendments to Annex I made it
mandatory for new oil tankers to have double hulls and brought in a phase-
in schedule for existing tankers to fit double hulls, which was subsequently
revised in 2001 and 2003.
 International Organizations & IMO
• Annex II Regulations for the Control of Pollution by Noxious Liquid
Substances in Bulk (entered into force 2 October 1983)
• Details the discharge criteria and measures for the control of pollution by
noxious liquid substances carried in bulk; some 250 substances were
evaluated and included in the list appended to the Convention; the
discharge of their residues is allowed only to reception facilities until
certain concentrations and conditions (which vary with the category of
substances) are complied with.
• In any case, no discharge of residues containing noxious substances is
permitted within 12 miles of the nearest land.
 International Organizations & IMO
• Annex III Prevention of Pollution by Harmful Substances Carried by Sea
in Packaged Form (entered into force 1 July 1992)
• Contains general requirements for the issuing of detailed standards on
packing, marking, labelling, documentation, stowage, quantity
limitations, exceptions and notifications.
• For the purpose of this Annex, “harmful substances” are those
substances which are identified as marine pollutants in the International
Maritime Dangerous Goods Code (IMDG Code) or which meet the criteria
in the Appendix of Annex III.
 International Organizations & IMO
• Annex IV Prevention of Pollution by Sewage from Ships (entered into
force 27 September 2003)

• Contains requirements to control pollution of the sea by sewage; the

discharge of sewage into the sea is prohibited, except when the ship has
in operation an approved sewage treatment plant or when the ship is
discharging comminuted and disinfected sewage using an approved
system at a distance of more than three nautical miles from the nearest
land; sewage which is not comminuted or disinfected has to be
discharged at a distance of more than 12 nautical miles from the nearest
land.
 International Organizations & IMO
• Annex V Prevention of Pollution by Garbage from Ships (entered into
force 31 December 1988)
• Deals with different types of garbage and specifies the distances from
land and the manner in which they may be disposed of; the most
important feature of the Annex is the complete ban imposed on the
disposal into the sea of all forms of plastics.
 International Organizations & IMO
• Annex VI Prevention of Air Pollution from Ships (entered into force 19
May 2005)
• Sets limits on sulphur oxide and nitrogen oxide emissions from ship
exhausts and prohibits deliberate emissions of ozone depleting
substances; designated emission control areas set more stringent
standards for SOx, NOx and particulate matter. A chapter adopted in
2011 covers mandatory technical and operational energy efficiency
measures aimed at reducing greenhouse gas emissions from ships.
 International Organizations & IMO
• STCW
• International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), 1978 was the first internationally-
agreed Convention to address the issue of minimum standards of
competence for seafarers. In 1995 the STCW Convention was completely
revised and updated to clarify the standards of competence required and
provide effective mechanisms for enforcement of its provisions.
• The International Convention on Standards of Training, Certification and
Watch keeping for Seafarers, 1978, as amended, sets the standards of
competence for seafarers internationally.
 International Organizations & IMO
• This convention does not deal with manning level on ships. It only deals with
competency level.
• There are 8 chapters
• Chapter I – General Provisions: Includes a list of definitions of terms used in the
annex. Regulation I/2 deals with the content of the certificate and endorsement
form. All certificates must include a translation into English, if that is not the official
language of the issuing country.
• Chapter II – Master – deck department- The regulations include mandatory
minimum requirements for certificating masters and chief mates; for certification of
officers in charge of a navigational watch; and for certification of deck ratings
forming part of a navigational watch. The regulations also include basic principles to
be observed in keeping watch in port and mandatory minimum requirements for a
watch in port on ships carrying hazardous cargo.
 International Organizations & IMO
• Chapter III – Engine Department - Includes basic principles to be
observed in keeping an engineering watch; mandatory minimum
requirements for certification of chief engineer officers and second
engineer officers; mandatory minimum requirements for certification of
engineer officers in charge of a watch in a traditionally manned engine
room or designated duty officers in a periodically unmanned engine
room; requirements to ensure the continued proficiency and updating of
knowledge for engineer officers; mandatory minimum requirements for
ratings forming part of an engine room watch.
 International Organizations & IMO
• Chapter IV – Radio Department
• Chapter V – Special training for personal on certain types of ships :
Special requirements were introduced concerning the training and
qualifications of personnel on board ro-ro passenger ships. Previously the
only special requirements in the Convention concerned crews on tankers.
This change was made in response to proposals made by the Panel of
Experts set up to look into ro-ro safety following the capsize and sinking
of the ferry Estonia in September 1994. Crews on ro-ro ferries have to
receive training in technical aspects and also in crowd and crisis
management and human behaviour.
 International Organizations & IMO
• Chapter VI – Emergency, occupational safety, medical care and survival
functions : The Chapter incorporates the previous Chapter VI: Proficiency
in survival craft and includes mandatory minimum requirements for
familiarization, basic safety training and instruction for all seafarers;
mandatory minimum requirements for the issue of certificates of
proficiency in survival craft, rescue boats and fast rescue boats;
mandatory minimum requirements for training in advanced firefighting;
and mandatory minimum requirements relating to medical first aid and
medical care.
 International Organizations & IMO
• Chapter VII: Alternative certification : Regulations regarding alternative
certification (also known as the functional approach) are included in a
new Chapter VII. This involves enabling crews to gain training and
certification in various departments of seafaring rather than being
confined to one branch (such as deck or engine room) for their entire
career
•
Chapter VIII: Watch keeping : Measures were introduced for watch
keeping personnel to prevent fatigue.
 International Organizations & IMO
• The STCW Code
• The regulations contained in the Convention are supported by sections in
the STCW Code. Generally speaking, the Convention contains basic
requirements which are then enlarged upon and explained in the Code.

Part A of the Code is mandatory. The minimum standards of competence

required for seagoing personnel are given in detail in a series of tables.
Chapter II of the Code, for example, deals with standards regarding the
master and deck department.
 International Organizations & IMO
• Part B of the Code contains recommended guidance which is intended to
help Parties implement the Convention. The measures suggested are not
mandatory and the examples given are only intended to illustrate how
certain Convention requirements may be complied with. However, the
recommendations in general represent an approach that has been
harmonized by discussions within IMO and consultation with other
international organizations.
 International Organizations & IMO
• What is the “no more favourable treatment” rule?
• A rule in major IMO conventions that, when inspecting a ship flying the
flag of a State which is not a party to the Convention, Port State Control
Officers must ensure that the treatment of such a ship and its crew is not
more favourable than that of a ship flying the flag of a State party to that
Convention. For example, many States have not yet ratified or acceded to
MARPOL Annex VI, but ships flying their flags will still be required to meet
the requirements of Annex VI to pass port State control inspections.
 International Organizations & IMO
• What is Private International Law?
• Private international law primarily concerns disputes between individuals
or businesses (not nations) in situations where the law of more than one
nation may apply. This is often referred to as international conflict of law.
These situations commonly arise through commercial transactions
undertaken by parties from separate nations. Private international law
addresses the questions of (1) which jurisdiction may hear a case, and (2)
the law concerning which jurisdiction applies to the issues in the case.
 International Organizations & IMO
• Parties typically utilize contracts to provide mutual understanding and
some degree of continuity to international business transactions. In the
event of conflict, in hopes of resolving the dispute, the parties may
voluntarily or involuntarily submit the dispute to a legal system to
interpret the agreement in accordance with the laws of either or both
nations.
• Note: When disputes arise as to the law that will apply to a specific
transaction or situation, conflict of law rules are used to determine which
country's law will apply.
 International Organizations & IMO
• What is Public International Law?
• Public international law examines relationships between nations and the
rules that are binding upon countries in the international community.
Public international law originates largely from the direct agreements or
treaties between nations. In some cases, an agreement among some
nations may involuntarily subject other nations to that law. Such is the
case with certain criminal laws. Fields of international law include
criminal law, maritime law, the law of war, human rights law, refugee
law, and the law established by treaties between nations. When
conflicts exist between nations, these sources of international law
generally guide those nations in resolving the conflict.
 International Organizations & IMO
• In some instances, nations will empower a common court or tribunal to
resolve international disputes. These nations agree to submit disputes to
these courts or tribunals, which are charged with applying the sources of
international law in resolving the conflict. Resolution of conflicts between
nations necessarily entails disparity in laws and ethical or moral
principles. Therefore, public international law may employ principles
present in international conventions, customs of the disputing nations,
generally accepted community norms, principles of law recognized by
civilized nations, and judicial philosophies or theories of jurisprudence in
addressing conflicts between nations.
 International Organizations & IMO

• Public maritime law is enforced through surveys, inspection and

certification – penal sanctions (fines, imprisonment)
 International Organizations & IMO
• 1. Initial Survey: This survey is performed before the ship is set in service.
In this survey all equipment, machinery, systems, fittings etc. are
inspected which are covered under Annex 1.
• 2. Annual Survey: The Annual survey is performed every year taking a
buffer of 3 months prior and after the anniversary date of the IOPP
certificate issued.
• 3. Intermediate Survey: An intermediate survey takes place in a buffer of
3 months before or after the second-anniversary date or within 3 months
before or after the third anniversary date of the Certificate replacing one
of the annual surveys.
 International Organizations & IMO
• 4. Renewal Survey: The Renewal survey is done on or before 5-year period of the
certificate expiry date and in this survey as detailed inspection of all equipment,
material, machinery, fitting etc. which comes under Annex 1 are done.
• 5. Additional Survey: If there is significant repair and renewals are done on any
of the machinery, system, fittings which comes under MARPOL Annex 1, an
additional survey is performed which can be general or partial, depending upon
the conditions.
• 6. Condition Assessment Scheme: The CAS is done to confirm that the structural
strength oil tankers with the single hull are acceptable under the periodical
surveys as indicated in the Statement of Compliance. The First CAS survey is
usually done in parallel to the first intermediate or renewal survey after 5 April
2005 or once the ship completes 15 years of age, whichever occurs later.
 International Organizations & IMO
• – administrative procedures (inspection of certificates and records, detention)
• – State that the operation of a ship is governed by the national laws and regulations
of the flag State, including those laws and regulations giving effect to international
conventions
• – State that differences of detail usually exist in the national laws of different states
implementing the same convention
• – State that, when serving in a ship flying a foreign flag, it is essential that the master
and chief mate familiarize themselves with the laws and regulations of the flag State
• – State that, when in port, a ship must also comply with the appropriate laws and
regulations of the port State
• – Describe the importance of keeping up to date with developments in new and
amended legislation.
 International Organizations & IMO
• The International Transport Workers’ Federation (ITF) is a democratic,
voluntary and affiliate-led federation of 670 trade unions, in 140
countries, representing 19.7 million working men and women in all
transport sectors. They passionately campaign for transport workers’
rights, equality, and justice.
• The following goals form part of our constitution and inspire everything
they do.
• to promote respect for trade union and human rights worldwide
• to work for peace based on social justice and economic progress
• to help our affiliated unions defend the interests of their members
 International Organizations & IMO
• to provide research and information services to our affiliates
• to provide general assistance to transport workers in difficulty
• All Open Registry vessels covered by an ITF-accepted agreement are
issued an ITF Blue Certificate by the ITF Secretariat, which signifies the
ITF's acceptance of the wages and working conditions on board.
• The organization also informs and advises unions about developments in
the transport industry in other countries or regions of the world, and
organise international solidarity actions when member unions in one
country are in conflict with employers or government.
 International Organizations & IMO
• The World Health Organization is a specialized agency of the United
Nations that is concerned with international public health. The WHO is a
member of the United Nations Development Group. Since its
establishment, it has played a leading role in the eradication of smallpox.
Its current priorities include communicable diseases, in particular
HIV/AIDS, Ebola, malaria and tuberculosis; the mitigation of the effects of
non-communicable diseases such as sexual and reproductive health,
development, and aging; nutrition, food security and healthy eating;
occupational health; substance abuse; and driving the development of
reporting, publications, and networking.
 International Organizations & IMO
• The WHO is responsible for the World Health Report, the worldwide
World Health Survey, and World Health Day.
• Their primary role is to direct and coordinate international health within
the United Nations system.
• Their main areas of work are health systems; health through the life-
course; non communicable and communicable diseases; preparedness,
surveillance and response; and corporate services.
 International Organizations & IMO
• The United Nations Commission on International Trade and
Law (UNCITRAL) is a United Nations agency based in Vienna specializing
in the development of model legal instruments and conventions in the
area of International trade law. It is a subsidiary body of the U.N. General
Assembly (UNGA) responsible for helping to facilitate international trade
and investment. The salient areas of commercial law its mandate covers
include dispute resolution, international contract practices, transport,
insolvency, electronic commerce, international payments, secured
transactions, procurement and sale of goods.
 International Organizations & IMO
• UNCITRAL aims to formulate modern, fair, and harmonized rules on such
commercial transactions. Its work includes conventions, model laws, and
rules which are acceptable worldwide; legal and legislative guides, and
practical recommendations; updated information on case law and
enactments of uniform commercial law; technical assistance in law
reform projects; and regional and national seminars on uniform
commercial law.
 International Organizations & IMO
• UNCTAD The United Nations Conference on Trade and Development (UNCTAD)
• The organization's goals are to: "maximize the trade, investment and
development opportunities of developing countries and assist them in their
efforts to integrate into the world economy on an equitable basis
• The primary objective of UNCTAD is to formulate policies relating to all aspects of
development including trade, aid, transport, finance and technology. The
conference ordinarily meets once in four years; the permanent secretariat is in
Geneva.
• One of the principal achievements of UNCTAD (1964) has been to conceive and
implement the Generalised System of Preferences (GSP). It was argued in UNCTAD
that to promote exports of manufactured goods from developing countries, it
would be necessary to offer special tariff concessions to such exports.
 International Organizations & IMO
• Accepting this argument, the developed countries formulated the GSP
scheme under which manufacturers' exports and import of some
agricultural goods from the developing countries enter duty-free or at
reduced rates in the developed countries. Since imports of such items
from other developed countries are subject to the normal rates of duties,
imports of the same items from developing countries would enjoy a
competitive advantage. . The United Nations Conference on Trade and
Development was established to provide a forum where the developing
countries could discuss the problems relating to their economic
development.
 International Organizations & IMO
• The World Trade Organization (WTO) is an intergovernmental
organization that regulates international trade. The WTO deals with
regulation of trade in goods, services and intellectual property between
participating countries by providing a framework for negotiating trade
agreements and a dispute resolution process aimed at enforcing
participants' adherence to WTO agreements, which are signed by
representatives of member governments and ratified by their
parliaments. The WTO prohibits discrimination between trading partners,
but provides exceptions for environmental protection, national security,
and other important goals.
 International Organizations & IMO
• Trade-related disputes are resolved by independent judges at the WTO
through a dispute resolution process.
• As the trade volume increases, issues such as protectionism, trade
barriers, subsidies, violation of intellectual property arise due to the
differences in the trading rules of every nation.
• The WTO is also a centre of economic research and analysis: regular
assessments of the global trade picture in its annual publications and
research reports on specific topics are produced by the organization
 International Organizations & IMO
• Examples of codes are :
• IMDG Code (International Maritime Dangerous Goods): Code for carrying
dangerous cargo through sea transport. This Code is in place to regulate the
carriage of international guideline to the safe transportation or shipment of
dangerous goods or hazardous materials by water on the vessel.
• IMSBC Code (International Maritime Solid Bulk Cargo Code): is a mandatory
regulation for carrying solid cargo in bulk form. This replaces the BC Code and
ensures safe stowage and shipment of solid bulk cargoes.
• IGC Code (International code for construction and equipment of ships
carrying liquefied gases in bulk): This code gives guidelines to gas tankers on
operational, construction and safety aspects. As with the other forms of cargo
and their respective codes, this code is specific to the carriage of LPG/LNG cargo
 International Organizations & IMO
• IBC Code (International code for construction and equipment of ships carrying
dangerous chemicals in bulk): This code pertains to the carriage of chemicals in bulk
and the design, construction, equipment with respect to the ship and the cargo.
• International Grain Code: This code is applicable to all ships carrying grain in bulk.
The term “grain” covers wheat, maize (corn), oats, rye, barley, rice, pulses, seeds and
processed forms thereof, whose behaviour is similar to that of grain in its natural
state
• ISPS Code (International Ship and Port Facility Security code): Springing from the
events preceding 9/11, this code lays the minimum security measures for ships and
ports.
• ISM Code (International Safety Management Code): Perhaps one of the most
important codes, one that is used in the day to day functioning of the ship, it is in
place for the safe operation of the ship for the purposes of pollution prevention
 International Organizations & IMO
• Casualty Investigation Code: Shipboard can be hazardous and the nature of
the work can, under unfortunate circumstances, result in a casualty on
board. This code is used to solve or to study the casualty happened on
board with the ship or with its crew.
• CSS Code (Code of Safe Practice for Cargo Stowage and securing): is a
guideline for on board staff to store and secure the cargo as per the
requirement
• LSA Code (International Life Saving Appliances Code): comes under SOLAS
which deals with the safety equipment in terms of construction, operation
and other requirements for wellbeing of crew on board ship. Note that this
code is imperative in the procuring, application and maintenance of all
lifesaving appliances on board
 International Organizations & IMO
• FSS Code (International Fire Safety System Code): also comes under
SOLAS. It deals with all the firefighting appliances, measures, and system
to be used on board to detect, notify and extinguish any kind of fire in
sea going vessel. Note that this this code is imperative in the procuring,
application and maintenance of all firefighting equipment on board.
• Polar Code: This Code came into force on 1st January, 2017. Mandated
under SOLAS as well as MARPOL, this code aims to protect the ships and
lives of the personnel on ship from the harsh conditions at the poles.
Marine Insight has a detailed infographic on this code
 International Organizations & IMO
• Recommendations, codes, and guidelines
• Recommendations are mainly guidelines which are not legally accepted. They
are not formal documents like convention or protocol but are a list of
recommended practices that are closely linked to conventions. For e.g. timber
deck cargo code
• Recommendations can also be guidelines which are waiting to be accepted by
the IMO.
• However, it is to note that though recommendations are not legally binding,
some governments might apply them in whole or in part.
• Codes and guidelines can be both mandatory and non mandatory. Codes such
as ISM and IBC codes are mandatory and are a part of a parent convention or
protocol.
 International Organizations & IMO
• Resolutions
• Resolutions are the finalized documents which are accepted by the IMO
or any of the main body under IMO. They generally result from an
agreement on a recommendation or amendment.
• Resolution passed by the assembly is denoted in a peculiar manner.
• For e.g. Resolution A. 586 (XIV)
• Where, A = assembly; 586 = serial number of resolution; and XIV = Made
by the 14th session of the assembly
 Indian Merchant Shipping Act 1958
• Definitions: In this Act, unless the context otherwise requires,--
• 1[(1) "cargo ship" means a ship which is not a Passenger ship;]
• 2[(1A)] "coasting ship" means a ship exclusively employed in trading
between any port or place in India and any other port or place on the
continent of India or between ports or places in India and ports or places
in Ceylon (Srilanka) or Burma;
• (2) "coasting trade of India" means the carriage by sea of passengers or
goods from any port or place in India to any other port or place on the
continent of India;
• (3) "collision regulations" means the regulations made under section 285
for the prevention of collisions at sea;
 Indian Merchant Shipping Act 1958
• (4) "company" means a company as defined in section 3 of the
Companies Act, 1956 (1 of 1956);
• (5) "country to which the Load Line Convention applies" means,--
• (a) a country the Government of which has been declared under section 283 to
have accepted the Load Line Convention and has not been so declared to have
denounced that Convention;
• (b) a country to which it has been so declared that, the Load Line Convention has
been applied under the provisions of 4[article thirty-two] thereof, not being a
country to which it has been so declared that that Convention has ceased to apply
under the provisions of that article;
 Indian Merchant Shipping Act 1958
• (6) "country to which the Safety Convention applies" means,--
• (a) a country the Government of which has been declared under section 283 to
have accepted the Safety Convention and has not been so declared to have
denounced that Convention;
• (b) a territory to which it has been so declare that the Safety Convention extends,
not being a territory to which it has been so declared that that Convention has
ceased to extend;
• (7) "court" in relation to sections 178 to 183 (inclusive) means a civil or
revenue court;
• (8) "Director-General" means the Director-General of Shipping appointed
under section 7;
 Indian Merchant Shipping Act 1958
• (9) "distressed seaman" means a seaman engaged under this Act who, by
reason of having been discharged or left behind from, or shipwrecked in,
any ship at a place outside India, is in distress at that place(10) "effects",
in relation to a seaman, includes clothes and documents;
• 5[(11A) "family" means--
• (i) in the case of male, his wife, his children whether married or
unmarried, his dependent parents and his deceased son's widow and
children
• (ii) in the case of female, her husband, her children, whether married or
unmarried, her dependent parents, her husband's dependent parents
and her deceased son's widow and children
 Indian Merchant Shipping Act 1958
• Explanation.--In either of the above two cases, if the child, or, as the case
may be, the child of a deceased son, of a person has been adopted by
another person and if under the personal law of the adopter adoption is
legally recognized, such a child shall be considered as excluded from the
family of the first mentioned person.]
• (12) "fishing vessel" means a ship fitted with mechanical means of
propulsion which is exclusively engaged in sea fishing for profit;
• (13) "foreign-going ship" means a ship, not being a home trade ship,
employed in trading between any port or place in India and any other
port or place or between ports or places, outside India;
 Indian Merchant Shipping Act 1958
• 6[(14) "free board" means the distance measured vertically downwards,
amidships, from the upper edge of the deck line to the upper edge of the
related load line;]
• (15) "High Court", in relation to a vessel, means the High Court within the
limits of whose appellate jurisdiction--
• (a) the port of registry of the vessel is situate; or
• (b) the vessel is for the time being; or
• (c) the cause of action wholly or in part arises;
 Indian Merchant Shipping Act 1958
• (16) "home-trade ship" means a ship not exceeding three thousand tons
gross which is employed in trading between any port or place in India and
any other port or place on the continent of India or between ports or
places in India and ports or places in Ceylon, Maldives Islands, Federation
of Malaya, Singapore or Burma;
• (17) "Indian consular officer" means the consul-general, consul, vice-
consul, consular agent and pro-consul appointed as such by the Central
Government, and includes any person authorized by the Central
Government to perform the functions of consul-general, consul, vice-
consul, consular agent or pro-consul;
 Indian Merchant Shipping Act 1958
• (18) "Indian ship" means a ship registered as such under this Act and includes
any ship registered at any port in India at the commencement of this Act which
is recognized as an Indian ship under the proviso to sub-section (2) of section 22;
• 7[(18A) "international voyage" means a voyage from or to a port or place in
India to or from a port or place outside India;]
• (19) "load line certificate" means the certificate issued under section 316 or
section 321;
• 8[(20) "Local Line Convention" means the International Convention on Load
Lines signed in London on the 5th day of April, 1966, as amended from time to
time;]
• (21) "Marine Board" means a Board of Marine Inquiry convened under section
373;
 Indian Merchant Shipping Act 1958
• (22) "master" includes any person (except a pilot or harbour master)
having command or charge of a ship;
• 7[(22A) "nuclear ship" means a ship provided with a nuclear power
plant;]
• (23) "owner" means--
• (a) in relation to a ship, the person to whom the ship or a share in the ship
belongs;
• (b) in relation to a sailing vessel, the person to whom the sailing vessel belongs;
• (24) "passenger" means any person carried on board a ship except--
• (a) a person employed or engaged in any capacity on board the ship on the
business of the ship;
 Indian Merchant Shipping Act 1958
• (b) a person on board the ship either in pursuance of the obligations laid upon the master
to carry shipwrecked, distressed or other persons or by reason of any circumstances
which neither the master nor the charterer, if any, could have prevented or forestalled;
• (c) a child under one year of age;
• (25) "passenger ship" means a ship carrying more than twelve passengers;
• (28) "pilgrim ship" means a special trade passenger ship which makes a voyage
to or from the Hedjaz, or, as the case may be, to or from any other place of
pilgrimage declared as such by the Central Government in pursuance of clause
(27), during the season of the pilgrimage and which carries pilgrims in a
proportion of not less than one pilgrim for every one hundred tons of the gross
tonnage of the ship;]
• (29) "port of registry", in relation to a ship or a sailing vessel, means the port at
which she is registered or is to be registered;
 Indian Merchant Shipping Act 1958
• (36) (a) "repatriation expenses" means expenses incurred in returning a
distressed seaman to a proper return port and in providing him with
necessary clothing and maintenance until his arrival at such port, and
includes in the case of a ship wrecked seaman the repayment of
expenses incurred in conveying him to port after shipwreck and
maintaining him while being so conveyed; and
• (b) "excepted expenses", in relation to repatriation expenses, means
repatriation expenses incurred in cases where the cause of the seaman
being left behind is desertion or absence without leave or imprisonment
for misconduct, or discharge from his ship by a Marine Board on the
ground of misconduct;
 Indian Merchant Shipping Act 1958
• (37) "Safety Convention" means the Convention for the Safety of Life at
Sea signed in London on the 10[1st day of November, 1974] as amended
from time to time;
• 11[(38) "safety convention certificate" means,--
• (i) a passenger ship safety certificate,
• 12[(ia) a special trade passenger ship safety certificate,
• (ib) a special trade passenger ship space certificate,]
• (ii) a qualified passenger ship safety certificate,
• (iii) a cargo ship safety construction Certificate,
• (iv) a qualified cargo ship safety construction certificate,
Indian Merchant Shipping Act 1958
• (v) a cargo ship safety equipment certificate,
• (vi) a qualified cargo ship safety equipment certificate,
• (vii) a cargo ship safety radio telegraphy certificate,
• (viii) a cargo ship safety radio telephony certificate,
• (ix) an exemption certificate,
• (x) a nuclear passenger ship safety certificate,
• (xi) a nuclear cargo ship safety certificate, issued under Part IX or, as the
case may be, Part IXA;]
 Indian Merchant Shipping Act 1958
• (39) "sailing vessel", means any description of vessel provided with sufficient sail
area for navigation under sails alone, whether or not fitted with mechanical
means of propulsion, and includes a rowing boat or canoe but does not include
a pleasure craft;
• (40) "salvage" includes all expenses properly incurred by the salvor in the
performance of salvage services;
• (41) "sea-going", in relation to a vessel, means a vessel proceeding to sea
beyond inland waters or beyond waters declared to be smooth or partially
smooth waters by the Central Government by notification in the Official Gazette;
• (42) "seaman" means every person (except a master, pilot or apprentice)
employed or engaged as a member of the crew of a ship under this Act, but in
relation to sections 178 to 183 (inclusive) includes a master;
 Indian Merchant Shipping Act 1958
• (43) "seamen's employment office" means the seamen's employment
office referred to in section 12;
• (44) "seamen's welfare officer" means the seamen's welfare officer
referred to in section 13;
• 13[(44A) "security" means maritime security and includes any measure to
protect ports or ships or any person or thing relating directly or indirectly
to maritime navigation,--
• (i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers,
piracy, armed robbery, seizure or pilferage; and
 Indian Merchant Shipping Act 1958
• (ii) against any other hostile act or influence which threatens the security in
the maritime transport sector,
• (45) "ship" does not include a sailing vessel;
• (46) "shipping master" means the shipping master referred to in section
11; but in relation to any seaman for the purposes of sections 178 to 183
((inclusive) means a shipping master appointed,--
• (i) for the port at which the seaman entered into, or is believed to have
entered into, an agreement, or
• (ii) where the seaman did not enter into his agreement in India, for the port
to which the seaman has returned, or is expected to return, on the
completion of his latest voyage;
 Indian Merchant Shipping Act 1958
• (47) "shipping office" means the shipping office referred in section 11;
• 14[(47A) "special trade" means the conveyance of large number of
passengers by sea within prescribed sea areas;
• (47B) "special trade passenger" means a passenger carried in special
trade passenger ship in spaces on the weather deck or upper deck or
between decks which accommodate more than eight passengers and
includes a pilgrim or a person accompanying a pilgrim;
• (47C) "special trade passenger ship" means a mechanically propelled ship
carrying more than thirty special trade passengers;]
• (48) "surveyor" means the surveyor referred to in section 9;
 Indian Merchant Shipping Act 1958
• 15[(48A) "tanker" means a cargo ship constructed or adapted for the
carriage in bulk of liquid cargoes of an inflammable nature;]
• (49) "tidal water" means any part of the sea and any part of a river within
the ebb and flow of the tide at ordinary spring tides and not being a
harbour;
• (53) "valid international load line certificate" means a certificate
purporting to have been issued in accordance with the Load Line
Convention in respect of a ship, other than an Indian ship, by the
Government of the country in which the ship is registered;
 Indian Merchant Shipping Act 1958
• (54) "valid safety convention certificate" means a certificate purporting to
have been issued in accordance with the Safety Convention in respect of
a ship, other than an Indian ship, by the Government of the country in
which the ship is registered;
• (55) "vessel" includes any ship, boat, sailing vessel, or other description
of vessel used in navigation;
• (56) "voyage" for the purposes of Part VIII, means the whole distance
between the ship's port or place of departure and her final port or place
of arrival;
• (57) "wages" includes emoluments;
 Indian Merchant Shipping Act 1958
• (58) "wreck" includes the following when found in the sea or in tidal
water or on the shores thereof--
• (a) goods which have been cast into the sea and then sink and remain
under water;
• (b) goods which have been cast or fall into the sea and remain floating on
the surface;
• (c) goods which are sunk in the sea, but are attached to a floating object
in order that they may be found again;
• (d) goods which are thrown away or abandoned; and
• (e) a vessel abandoned without hope or intention of recovery;
 Indian Merchant Shipping Act 1958
Registration of Indian Ships
• 20. Application of Part– This Part applies only to sea-going ships fitted with
mechanical means of propulsion.
• 21. Indian Ships– For the purposes of this Act, a ship shall not be deemed to be an
Indian ship unless owned wholly by persons to each of whom [any] of the
following descriptions applies: --
• (a) a citizen of India; or
• (b) a company or a body established by or under any Central or State Act which
has its principal place of business in India; or
• (c) a cooperative society which is registered or deemed to be registered under the
Cooperative Societies Act, 1912 (2 of 1912), or any other law relating to
cooperative societies for the time being in force in any State.
 Indian Merchant Shipping Act 1958
• 22. Obligation to register– (1) Every Indian Ship, unless it is a ship which
does not exceed fifteen tons net and is employed solely in navigation on
the coasts of India, shall be registered under this Act.
• (2) No ship required by sub-section (1) to be registered shall be
recognised as an Indian ship unless she has been registered under this
Act.
• Provided that any ship registered at the commencement of this Act at any
port in India under any enactment repealed by this Act, shall be deemed
to have been registered under this Act and shall be recognised as an
Indian ship.
 Indian Merchant Shipping Act 1958
• (3) A ship required by this Act to be registered may be detained until the master
of ship, if so required, produces a certificate of registry in respect of the ship.
• Explanation– For the purposes of this section “ship” does not include a fishing
vessel.
Procedure for registration
• 23. Ports of registry – (1) The ports at which registration of ships shall be made
shall be the ports of Bombay, Calcutta and Madras and such other ports in India
as the Central Government may, by notification in the Official Gazette, declared to
be ports of registry under this Act.
• (2) The port at which an Indian ship is registered for the time being under this Act,
shall be deemed to be her port of registry and the port to which she belongs.
 Indian Merchant Shipping Act 1958
• 24. Registrar of Indian ships---- At each of the ports of Bombay, Calcutta
and Madras, the Principal Officer of the Mercantile Marine Department,
and at any other port such authority as the Central Government may, by
notification in the Official Gazette, appoint, shall be the registrar of Indian
ships at that port.
NOTE: In the absence of the above for certain reasons, the senior most
surveyor at that port may act as, and exercise and discharge the powers,
duties and functions of, the registrar of Indian ships at that port
 Indian Merchant Shipping Act 1958
• 25. Register book– Every register shall keep a book to be called the
register book and entries in that book shall be made in accordance with
the following provisions:--
• (a) the property in a ship shall be divided into ten shares:
• (b) subject to the provisions of this Act with respect to joint owners or
owners by transmission, not more than ten individuals shall be entitled to
be registered at the same time as owners of any one ship; but this rule shall
not affect the beneficial interest of any number of persons represented by
or claiming under or through any registered owner or joint owner;
 Indian Merchant Shipping Act 1958
• (c) a person shall not be entitled to be registered as owner of a fractional
part of a share in a ship; but any number of persons not exceeding five may
be registered as joint owners of a ship or of any share or shares therein;
• (d) joint owners shall be considered as constituting one person and shall
not be entitled to dispose in severalty of any interest in a ship or any share
therein respect of which they are registered.
• (e) a company 1[or a co-operative society] may be registered as owner by
its name.
• 26. Application for registry– An application for the registry of an Indian
ship shall be made–
• (a) in the case of an individual, by the person requiring to be registered as
owner or by his agent;
 Indian Merchant Shipping Act 1958
• (b) in the case of more than one individual requiring to be so registered, by
some one or more of the persons so requiring or by his or their agent; and
• (c) in the case of a company [or a co-operative society] requiring to be so
registered, by its agent; and the authority of the agent shall be testified by
writing, if appointed by an individual under the hand of the person
appointing him and, if appointed by a company [or a co-operative society],
under its common seal.
• 27. Survey and measurement of ships before registry– (1) The owner of
every Indian ship in respect of which an application for registry is made
shall cause such ship to be surveyed by a surveyor and the tonnage of the
ship ascertained in the prescribed manner.
 Indian Merchant Shipping Act 1958
• (2) The surveyor shall grant a certificate specifying the ship’s tonnage and build
and such other particulars descriptive of the identity of the ship as may be
prescribed and the certificate of the surveyor shall be delivered to the registrar
before registry.
• 28. Marking of ship- (1) The owner of an Indian ship who applies for registry
under this Act shall, before registry, cause her to be marked permanently and
conspicuously in the prescribed manner and to the satisfaction of the registrar
and any ship not so marked may be detained by the registrar.
• (The Marking on the ships shall be Name of ship on the bows in each side and
Name of ship and port of registry at the stern. IMO No on the side and aft. Draft
marks, forward, aft and midship, Loadline marks) Official No. and Net tonnage on
the main beam/ pump room entrance / aft side of engine room bulkhead. Out
side all cargo compartment C. C )
 Indian Merchant Shipping Act 1958
• (2) Subject to any other provision contained in this Act and to that
provisions of any rules made thereunder, the owner and the master of an
Indian ship shall take all reasonable steps to ensure that the ship remains
marked as required by this section, and the said owner or master shall
not cause or permit any alterations of such marks to be made except in
the event of any of the particulars thereby denoted being altered in the
manner provided in this Act or except to evade capture by the enemy or
by a foreign ship of war in the exercise of some belligerent right.
 Indian Merchant Shipping Act 1958
• 29. Declaration of ownership on registry– A person shall not be registered
as the owner of an Indian ship or of a share therein until he or, in the
case of a company [or a co-operative society], the person authorised by
this Act to make declarations on its behalf has made and signed a
declaration of ownership in the prescribed form referring to the ship as
described in the certificate of the surveyor and containing the following
particulars: --
• (a) a statement whether he is or is not a citizen of India; [or in the case of a
company or a co-operative society, whether the company or the co-
operative society satisfies the requirements specified in clause(b) or, as the
case may be, clause (c) of section 21];
Indian Merchant Shipping Act 1958
• (b) a statement of the time when and the place where the ship was built or
if the ship is built outside India and the time and place of building is not
known, a statement to that effect; and in addition, in the case of a ship
previously registered outside India a statement of the name by which she
was so registered;
• (c) the name of her master;
• (d) the number of shares in the ship in respect of which he or the company
[or the co-operative society], as the case may be; claims to be registered as
owner; and
• (e) a declaration that the particulars stated are true to the best of his
knowledge and belief.
 Indian Merchant Shipping Act 1958
• 30. Evidence on first registry--- On the first registry of an Indian ship, the
following evidence shall be produced in addition to the declaration of
ownership: -
• (a) in the case of a ship built in India, a builder’s certificate, that is to say,
a certificate signed by the builder of the ship and containing a true
account of the proper denomination and the tonnage of the ship as
estimated by him and the time when and the place where she was built,
and the name of the person, if any, on whose account the ship was built;
and if there has been any sale, the instrument of sale under which the
ship or the share therein has become vested in the applicant for registry;
 Indian Merchant Shipping Act 1958
• (b) in the case of a ship built outside India, the same evidence as in the
case of a ship built in India unless the declarant who makes the
declaration of ownership declares that the time and place of her building
are not known to him, or that the builder’s certificate cannot be
procured, in which case there shall be required only the instrument of
sale under which the ship or a share therein has become vested in the
applicant for registry.
• 31. Entry of particulars in register book– As soon as the requirements of
this Act preliminary to registry have been complied with, the registrar
shall enter in the register book the following particulars in respect of the
ship: --
• (a) the name of the ship and the name of the port to which she belongs;
Indian Merchant Shipping Act 1958
• (b) the details contained in the surveyor’s certificate;
• (c) the particulars respecting her origin stated in the declaration of
ownership; and
• (d) the name and description of her registered owner or owner’s, and if
there are more owners than one, the number of shares owned by each of
them.
 Indian Merchant Shipping Act 1958
• 32. Documents to be retained by registrar--- On the registry of the ship, the
registrar shall retain in his custody the following documents---
• (a) the surveyors certificate
• (b) the builders certificate
• (c) any instrument of sale by which the ship was previously sold ;
• (d) all declaration of ownership.
• 33.Power of Central Government to inquire into title of Indian ship to be so
registered– (1)Where it appears to the Central Government that there is any
doubt as to the title of any Indian ship to be registered as an Indian ship, it may
direct the registrar of her port of registry to require evidence to be given to his
satisfaction within such time, not being less than thirty days as the Central
Government may fix, that the ship is entitled to be registered as an Indian ship.
 Indian Merchant Shipping Act 1958
• (2) If within such time as may be fixed by the Central Government under
sub-section (1) evidence to the satisfaction of the registrar that the ship is
entitled to be registered as an Indian ship is not given, the ship shall be
liable to forfeiture.
Certificate of registry
• 34. Grant of certificate of registry– On completion of the registry of an
Indian ship, the registrar shall grant a certificate of registry containing the
particulars respecting her as entered in the register book with the name
of her master.
 Indian Merchant Shipping Act 1958
• 35. Custody and use of certificate– (1) The certificate of registry shall be
used only for the lawful navigation of the ship, and shall not be subject to
detention by reason of any title, lien, charge or interest whatever, had or
claimed by any owner, mortgagee or other person to, on or in the ship.
• (4) If the master or owner of an Indian ship uses or attempts to use for
her navigation a certificate of registry not legally granted in respect of the
ship, he shall be guilty of an offence under this sub-section and the ship
shall be liable to forfeiture.
 Indian Merchant Shipping Act 1958
• 36. Power to grant new certificate when original certificate is defaced,
lost, etc.–
• (1) In the event of the certificate of registry of an Indian ship being
defaced or mutilated, the registrar of her port of registry may, on the
delivery to him of that certificate, grant a new certificate in lieu of her
original certificate.
• (2) In the event of the certificate of registry of an Indian ship being
mislaid, lost or destroyed or of the person entitled thereto being unable
to obtain it from the custody of any other person, the registrar of her
port or registry shall grant a new certificate in lieu of her original
certificate.
 Indian Merchant Shipping Act 1958
• (3) If the port at which the ship is at the time of the event referred to in
sub-section (2) or first arrives after the event is outside India, then the
master of the ship or some other person having knowledge of the facts of
the case shall make a declaration stating such facts and the names and
descriptions of the registered owners of such ship to the best of the
declarant’s knowledge and belief to the nearest available Indian consular
officer who may thereupon grant a provisional certificate containing a
statement of the circumstances under which it is granted.
• (4) The provisional certificate shall, within ten days after the first
subsequent arrival of the ship at her port of discharge in India, be
delivered by the master to the registrar of her port of registry and the
registrar shall thereupon grant a new certificate of registry.
 Indian Merchant Shipping Act 1958
• (5) If the certificate of registry stated to have been mislaid, lost or destroyed shall at
any time afterwards be found, or if the person entitled to the certificate of registry
obtains it any time afterwards, the said certificate shall forthwith be delivered to the
registrar of her port of registry to be cancelled.
• 38. Endorsement on certificate of change ownership– (1) Whenever a change occurs
in the registered ownership of an Indian ship, the change of ownership shall be
endorsed on her certificate of registry either by the registrar of the ship’s port of
registry or by the registrar of any port at which the ship arrives who has been advised
of the change by the registrar of the ship’s port of registry.
• (2) At the first instance of ship arriving at her port of registry by the registrar of ships
in that port
• (3) By the registrar of ships in other ports, as requested by the registrar of ships in the
port where ship is registered
 Indian Merchant Shipping Act 1958
SEAMAN
• 88. Power to classify seamen—
• The Central Government may make rules for the classification of seamen
other than ship’s officers into different categories and for the prescription
of the minimum manning scale of seamen of such categories for ships;
and different scales may be prescribed for different classes of ships.
 Indian Merchant Shipping Act 1958
Shipping Masters
• 89. Duties of shipping masters— It shall be the duty of shipping masters
—
• (a) to superintend and facilitate the engagement and discharge of seamen
in the manner provided in this Act;
• (b) to provide means for securing the presence on board at the proper
times of the seamen who are so engaged;
• (c) to facilitate the making of apprenticeship to the sea service;
• (d) to hear and decide disputes under section 132 between a master,
owner or agent, of a ship and any of the crew of the ship;
 Indian Merchant Shipping Act 1958
• (e) to perform such other duties relating to seamen, apprentices and
merchant ships as are for the time being committed to them by or under
this Act.
• (f) to transmit the complaint of any dispute of a foreign seaman of a vessel,
registered in a country other than India, in Indian territorial waters, with
the master, owner or agent, to the competent authority of the country of
registration and a copy of such complaint shall be forwarded to the
Director-General, International Labour Organisation office.
• 90. FEES TO BE PAID: Fees is to be paid to the SM for any job
 Indian Merchant Shipping Act 1958
Apprenticeship to the sea services
• 91 Assistance for apprenticeship to sea services--- All shipping masters
shall give to persons desirous of apprenticing boys not under fifteen years
of age to the sea service or requiring apprentices not under that age for
the sea service such assistance as may be in their power, and may receive
from those persons such fees as the Central Governments may fix.
• 92 Special provisions as to apprenticeship to the sea services
• (1) the apprenticeship of any boy to the sea service a shall be by contract
in writing between the apprentice or on his behalf by his guardian, if the
boy is a minor, and the master or owner of the ship requiring the
apprentice.
 Indian Merchant Shipping Act 1958
• (2) Every such contract shall be executed in duplicate in the prescribed
form and in accordance with the rules made by the Central Government
in this behalf;
• (3) Every such contract shall be executed in the presence of, and shall be
attested by the shipping master of the port, who shall, before the
execution of the contract, satisfy himself—
• (a) that the intended apprentice—
• (i) understands the contents and provisions of the contract;
• (ii) freely consents to be bound;
• (iii) has attained the age of fifteen years; and
 Indian Merchant Shipping Act 1958
• (iv) is in possession of a certificate to the effect that the physically fit for sea
service;
• (b) if the intended apprentice is a minor, that his guardian’s consent has
been obtained to his being bound as an apprentice.
• (4) Every such contract made in India and every assignment, alteration or
cancellation thereof, and where the apprentice bound dies or deserts,
the fact of the death or desertion shall be recorded in the manner
specified in section 93.
 Indian Merchant Shipping Act 1958
• 93. Manner in which contract is to be recorded— For the purpose of the
record—
• (a) the master of owner of the ship to whom an apprentice to the sea
service is bound shall transmit the contract executed in duplicate within
seven days of the execution thereof, to the shipping master, who shall
record one copy and endorse on the other the fact that it has been
recorded and redeliver it to the master or owner;
• (b) the master or owner shall notify any assignment or cancellation of the
contract and the death or desertion of the apprentice to the shipping
master, within seven days of the occurrence, if it occurs within India, or,
as soon as circumstances permit, if it occurs elsewhere.
 Indian Merchant Shipping Act 1958
• 94. Production of contracts to authorised person before voyage in ship—
• (1) The master of a ship shall, before carrying an apprentice to sea from a
port in India, cause the apprentice to appear before the shipping master
before whom the crew are engaged, and shall produce to him the
contract by which the apprentice is bound, and every assignment thereof.
• (2) The name of the apprentice, with the date of the contract and of the
assignments thereof, if any, and the names of the ports at which the
same have been registered, shall be entered on the agreement with the
crew Seamen’s employment offices
 Indian Merchant Shipping Act 1958
• 95. Business of seamen’s employment offices—
• (1) It shall be the business of the seamen’s employment offices--
• (a) to regulate and control—
• (i) the supply of such categories of seaman and for such class of ships as may
be prescribed;
• (ii) the recruitment of persons for employment as seamen and the retirement
of seamen from such employment;
• (iii) the promotion of seamen or changes of their categories;
• (b) to maintain registers of seamen in respect of the categories prescribed
under sub-clause(I) or clause (a);
 Indian Merchant Shipping Act 1958
• (c) to perform such other duties relating to seamen and merchant ships as
are, from time to time, committed to them by or under this Act.
• (2) Where there is in existence at any part a seamen’s employment office,
then, notwithstanding anything to the contrary contained in any other
provision of this Act, no person shall receive or accept to be entered on
board any ship of the class prescribed under sub-section, unless such
seaman has been supplied by such seamen’s employment office.
• (3) The Central Government may make rules for the purpose of enabling
seamen’s employment offices effectively to exercise their powers under
this Act; and in particular and, without prejudice to the generality of such
power, such rules may provide for—
Indian Merchant Shipping Act 1958
• (a) consultation with respect to any specified matter by seamen’s
employment offices with such advisory boards or other authorities as the
Central Government may think fit to constitute or specify in this behalf;
• (b) the levy and collection of such fees as may be specified for any
seamen’s employment office for registering the name of any seaman in any
register maintained by it;
• (c) the issue of directions by the Central Government to any seamen’s
employment office with reference to the exercise of any of its powers;
• (d) the supersession of any seamen’s employment which fails to comply
with any such direction.
 Indian Merchant Shipping Act 1958
• (1) A person shall not engage or supply a seaman to be entered on board
any ship in India unless that person is the owner, master or mate of the
ship, or is the agent of the owner or is bonafide the servant and in the
constant employ of the owner, or is a director of a seamen’s employment
office, or a shipping master.
• (2) A person shall not employ for the purpose of engaging or supplying a
seaman to be entered on board any ship in India, any person ,unless that
persons is the owner, master or mate of the ships or is the agent of the
owner or is bona fide the servant and in the constant employ of the
owner, or is a director of a seamen’s employment office, or a shipping
master.
 Indian Merchant Shipping Act 1958
• (3) A person shall not receive or accept to be entered on board any ship any
seaman, if that person knows that the seaman has been engaged or supplied in
contravention of this section or section 95.
• 96. Supply or engagement of seamen in contravention of Act prohibited
• 3[97. Receipt of remuneration, donation, fees, etc., from seamen for
shipping them prohibited.―
• (1) A person or company or organisation including a union purporting to
represent the interests of seamen shall not demand or receive, either directly
or indirectly, from any seaman or person seeking employment as seaman or
any person on his behalf, any remuneration or donation or fees or compulsory
subscription of any kind attributable from such seaman or person’s
employment as seaman, other than the fees authorised by this Act.
 Indian Merchant Shipping Act 1958
• (2) It shall be the duty of the company employing or proposing to employ
person as seaman to ensure that no money has been demanded or
received by any person or company or organisation including the union
purporting to represent the interests of seamen by way of any
remuneration or donation or fees or compulsory subscription of any kind
attributable to employment of such person as seaman.]
 Indian Merchant Shipping Act 1958
• 4[97A. Prohibition against discrimination. ―There shall be no
discrimination between seamen, ― (a) on the ground of their
membership or lack of membership in any particular union purporting to
represent the interests of seamen and membership in such union shall
not be pre-requisite condition;
• (b) on the basis of training institute from where they obtained training or
place of issue of their continuous discharge certificates, for their
recruitment and engagement on board any ship.
 Indian Merchant Shipping Act 1958
• 98. Qualifications for, and medical examination of, seamen. ―
• (1)/(2) The Central Government may, by notification in the Official
Gazette, direct that, seamen generally or any category of seamen in
particular shall not be engaged or carried to sea to work in any capacity
in any ship or in any class of ships so specified, unless each one of them
possesses the prescribed qualifications and the seaman is in possession
of a certificate in the prescribed form granted by the prescribed authority
to the effect that he is physically fit to be employed in that capacity.
• Besides this there is requirement of validity of fitness certificate and the
exceptions too.
 Indian Merchant Shipping Act 1958
• 99. Prohibition of engagement of seamen in Indian port without
discharge certificate (CDC). ― Except a home-trade ship of less than two
hundred tons gross, from any port in India.
• 1[99A. Prohibition of engagement of seafarer without seafarer’s
identity document. ―(1) No person shall engage or carry to sea any
seafarer in any ship, unless the seafarer is in possession of seafarer's
identity document. (2) The seafarer’s identity document under sub-
section (1) shall be issued in such form and manner and on payment of
such fees as may be prescribed.
 Indian Merchant Shipping Act 1958
• 100 Agreements with crew. ―The master of every Indian ship, except a
home-trade ship of less than two hundred tons gross, shall enter into an
agreement (in this Act called the agreement with the crew) in accordance
with this Act with every seaman whom he engages in, and carries to sea
as one of his crew from any port in India.
 Indian Merchant Shipping Act 1958
• 101. Form and contents of the agreement. ―(1) An agreement with the
crew shall be in the prescribed form, and shall be dated at the time of the
first signature thereof, and shall be 1[signed by the owner or agent and the
master] before any seaman signs the same. (2) The agreement with the
crew shall contain as terms thereof the following particulars, namely: ―
• (a) the name of the ship or ships on board which the seaman undertakes to
serve;
• (b) either the nature and, as far as practicable, the duration of the intended
voyage or engagement or the maximum period of the voyage or
engagement, and the places or parts of the world, if any, to which the
voyage or engagement is not to extend;
 Indian Merchant Shipping Act 1958
• (c) the number and description of the crew of different categories in each
department;

• 2[(cc) hours of work and rest in a week, as may be prescribed;] (d) the
time at which each seaman is to be on board or to begin work;
• (e) the capacity in which each seaman is to serve;
• (f) the amount of wages which each seaman is to receive;
 Indian Merchant Shipping Act 1958
• 2[(ff) the entitlement for leave, as may be prescribed; and] (g) a scale of
the provisions which are to be furnished to each seaman.
• (h) a scale of warm clothing and a scale of additional provisions to be
issued to each seaman during periods of employment in specified cold
regions;
• (i) any regulations as to conduct on board and as to fines or other lawful
punishment for misconduct.
• (j) payment of compensation for personal injury or death caused by
accident 3[arising out of employment or] in the course of employment;
 Indian Merchant Shipping Act 1958
• (k) where it is agreed that the services of any seaman shall end at any
port not in India, a stipulation to provide him either fit employment on
board some other ship bound to the port at which he was shipped or to
such other port in India as may be agreed upon, or a passage to some
port in India free of charge or on such other terms as may be agreed
upon;
 Indian Merchant Shipping Act 1958
• 2[(kk) the terms of agreement with the crew shall be determined after
consultation with such organisations in India as the Central Government
may, by order, notify to be the most representative of the employers of
seamen and of seamen.] (l) stipulations relating to such other matters as
may be prescribed.
• (3) The agreement shall provide that in the event of a dispute arising
outside India between the master, owner or agent of a ship and a seaman
in respect of any matter touching the agreement, such dispute shall be
referred to the Indian consular officer whose decision thereon shall be
binding on the parties until the return of the ship to the port in India at
which the seaman is to be discharged:
 Indian Merchant Shipping Act 1958
• 1[102. Engagement of seaman where agreement is made out of India
• 103. Special provisions with regard to agreements with crew of Indian
ships
• 104. Renewal of running agreements in certain cases.―(1) When a
running agreement has been made with a crew of a foreign-going Indian
ship and the ship arrives after the expiration of a period of six months from
the date on which it was executed at a port of destination in India which is
not the port at which the crew have agreed to be discharged, the master
may, with the previous sanction of the shipping master renew the
agreement with the crew, or may be required by the shipping master so to
renew the agreement for the voyage from such port of destination to the
port in India at which the crew have agreed to be discharged.
 Indian Merchant Shipping Act 1958
• (2) If the master of the ship is required by the shipping master to renew
the agreement as aforesaid and refuses so to renew it, any expenses
which may be incurred by the Government for the subsistence of the
crew and their conveyance to the port at which they have agreed to be
discharged shall be a charge upon the ship, and shall be recoverable as if
they were expenses incurred in respect of distressed seamen under the
provisions of this Act.
 Indian Merchant Shipping Act 1958
• 105. Changes in crew to be reported. ―1[(1)] The master of every
foreign-going Indian ship and of every home-trade Indian ship of two
hundred tons gross or more, the crew of which has been engaged before
a shipping master, shall, before finally leaving the port where the
engagement took place, sign and send to the nearest shipping master a
full and accurate statement in the prescribed form, of every change
which has taken place in his crew, and that statement shall be admissible
in evidence.
• 1[(2) A copy of the statement referred to in sub-section (1) shall also be
sent to the seaman's employment office concerned.]
 Indian Merchant Shipping Act 1958
• 106. Certificate as to agreement with crew.―(1) In the case of a foreign-
going Indian ship or a home-trade Indian ship of two hundred tons gross
or more, on the due execution of an agreement with the crew in
accordance with this act, and also when, in the case of a foreign-going
Indian ship, the agreement is a running agreement, on compliance by the
master before the second and every subsequent voyage made after the
first commencement of the agreement with the provisions of this Act
respecting that agreement, the shipping master shall grant the master of
the ship a certificate to that effect.
• Certificate is mandatory for ship to sail out of any port
• 107. Copy of agreement to be made accessible to the crew.
 Indian Merchant Shipping Act 1958
• 108. Alteration in agreement with the crew. ―Every erasure, interlineation
or alteration in any agreement with the crew (except additions made for
the purpose of shipping substitutes or persons engaged subsequently to the
first departure of the ship) shall be wholly inoperative, 2[unless proved to
have been made with the consent of all the persons, interested in the
erasure, interlineation or alteration by the written attestation,―
• (a) if in India, of some shipping master or customs collector; or
• (b) if outside India, by an Indian consular officer or at any port outside India
at which no Indian consular officer is available any such person as is
authorised in this behalf by the Central Government by notification in the
Official Gazette].
 Indian Merchant Shipping Act 1958
• 109. Prohibition of engagement of underage persons in certain cases. ―(1)
No person under the age of sixteen years shall be engaged or carried to sea to
work in any capacity in any ship. (2) (a) No young person shall be engaged in
night work. (b) The period of night work shall be such, as may be prescribed:
• Provided that the Director-General of Shipping, ― (i) for giving effective
training; or
• (ii) for performing a specific nature of duty, at night, may, by order permit
engagement of any young person in night work which shall not be
detrimental to the health or well being of such young person.]
• 110. [Engagement of young persons as trimmers or stokers.] Omitted by the
Merchant Shipping
 Indian Merchant Shipping Act 1958
• 111. Medical examination of young persons:
• (3) A certificate of physical fitness required under this section shall
remain in force for one year only from the date on which it is granted.
• 112. Maintenance of list or register of young persons in a ship.
• 1[113. Power to make rules respecting employment of young persons.
―The Central Government
 Indian Merchant Shipping Act 1958
• 114. Engagements between seamen and masters of ships other than
Indian ships. ―(1) When the master of a ship other than an Indian ship
engages a seaman at any port in India to proceed to any port outside
India, he shall enter into an agreement with such seaman, and the
agreement shall be made before a shipping master in the manner
provided by this Act for the making of agreements in the case of foreign
going Indian ships.
 Indian Merchant Shipping Act 1958
• (3) The master of a ship other than an Indian ship shall give to the
shipping master a bond with the security of some approved person
resident in India for such amount as may be fixed by the Central
Government in respect of each seaman engaged by him at any port in
India and conditioned for the due performance of such agreement and
stipulations, and for the repayment to the Central Government of all
expenses which may be incurred by it in respect of any such seaman who
is discharged or left behind at any port out of India and becomes
distressed and is relieved under the provisions of this Act:
 Indian Merchant Shipping Act 1958
• 115. Power to prohibit engagement of persons as seamen. ―The
Central Government or any officer authorised by it in this behalf, if
satisfied that in the national interest or in the interests of seamen
generally it is necessary so to do, may, by order in writing, prohibit the
owner, master or agent of any ship other than an Indian ship specified in
the order from engaging in India or in any specified part of India, any
person to serve as a seaman on such ship.
• 116. Engagement of seamen outside India for Indian ships. ―With
respect to the engagement of seamen outside India, the following
provisions shall have effect: —
 Indian Merchant Shipping Act 1958
• When the master of an Indian ship engages a seaman at any port outside
India, the provisions of this Act respecting agreements with the crew made
in India shall apply subject to the following modifications: — (a) at any such
port having an Indian consular officer, the master shall, before carrying the
seaman to sea, procure the sanction of the consular officer, and shall, if not
contrary to any law in force in that port, engage the seaman before that
officer;
• (b) the master shall request the Indian consular officer to endorse upon the
agreement an attestation to the effect that it has been signed in his
presence and otherwise, made as required by this Act, and that it has his
sanction, and if the attestation is not made, the burden of proving that the
engagement was made as required by this Act shall lie up on the master.
 Indian Merchant Shipping Act 1958
• 117. Power to board ships and muster seamen
Discharge of seamen
• 118. Discharge before shipping master. ―(1) When a seaman serving in a
foreign-going ship is, on the termination of his engagement, discharged in
India, he shall, whether, the agreement with the crew be an agreement for
the voyage or running agreement, be discharged in the manner provided
by this Act in the presence of a shipping master.
• 119. Certificate of discharge. ―(1) The master shall sign and give to a
seaman discharged from his ship in India, either on his discharge or on
payment of his wages, a certificate of his discharge in the prescribed form
specifying the period of his service and the time and place of his discharge.
 Indian Merchant Shipping Act 1958
• (2) The master shall also, upon the discharge of every certificated officer
whose certificate of competency has been delivered to and retained by
him, return the certificate to the officer.
• 120. Certificate as to work of seamen. ―(1) When a seaman is
discharged from a ship in India, the master shall furnish to the shipping
master before whom the discharge is made a report in the prescribed
form stating —
• (a) the quality of the work of the seaman; or
• (b) whether the seaman has fulfilled his obligations under the agreement
with the crew; or
• (c) that he declines to express an opinion on those particulars;
 Indian Merchant Shipping Act 1958
• 121. Discharge and leaving behind of seamen by masters of Indian
ships. ―(1) The master of an Indian ship shall not—
• (a) discharge a seaman before the expiration of the period for which he
was engaged, unless the seaman consents to his discharge; or
• (b) except in circumstances beyond his control, leave a seaman or
apprentice behind;
• without the authority of the officer specified in this behalf by the Central
Government and the officer aforesaid shall certify on the agreement with
the crew that he has granted such authority, and also the reason, for the
seaman being discharged or the seaman or apprentice being left behind.
 Indian Merchant Shipping Act 1958
• (3) The officer aforesaid shall keep a record of all seamen or apprentices
discharged or left behind with his authority
• 122. Wages and other property of seaman or apprentice left behind.
―(1) If a seaman or apprentice is left behind, the master shall enter in
the official logbook a statement of the amount due to the seaman or
apprentice in respect of wages at the time when he was left behind and
of all property left on board by him, and shall take such property into his
charge.
• (2) Within forty-eight hours after the arrival of the ship at the port in
India at which the voyage terminates, the master shall deliver to the
shipping master —
 Indian Merchant Shipping Act 1958
• (a) a statement of the amount due to the seaman or apprentice in
respect of wages, and of all property left on board by him; and
• (b) a statement, with full particulars, of any expenses that may have been
caused to the master or owner of the ship by the absence of the seaman
or apprentice, where the absence is due to a contravention by the
seaman or apprentice of section 191; and, if required by the shipping
master to do so shall furnish such vouchers as are reasonably required to
verify the statements.
 Indian Merchant Shipping Act 1958
• (3) The master shall at the time when he delivers the statements referred
to in sub-section (2) to the shipping master also deliver to him the
amount due to the seaman or apprentice in respect of wages and the
property that was left on board by him, and the shipping master shall
give to the master a receipt therefor in the prescribed form.
• (4) The master shall be entitled to be reimbursed out of the wages or
property referred to in clause (a) of sub-section (2) such expenses shown
in the statement referred to in clause (b) of that sub-section as appear to
the shipping master to be properly chargeable.
 Indian Merchant Shipping Act 1958
• 123. Repatriation of seamen on termination of service at foreign
port.―(1) When the service of a seaman or apprentice terminates
without the consent of the said seaman or apprentice at a port outside
India, and before the expiration of the period for which the seaman was
engaged or the apprentice was bound, the master or owner of the ship
shall, in addition to any other relative obligation imposed on either of
them by this Act, make adequate provision for the maintenance of the
seaman or apprentice according to his rank or rating, and for the return
of that seaman or apprentice to a proper return port.
 Indian Merchant Shipping Act 1958
• 124. Discharge of seamen on change of ownership. ―(1) If an Indian
ship is transferred or disposed of while she is at or on a voyage to any
port outside India, every seaman or apprentice belonging to that ship
shall be discharged at that port, unless he consents in writing in the
presence of the Indian consular officer to complete the voyage in the ship
if continued.
• (2) If a seaman or apprentice is discharged from an Indian ship in terms of
sub-section (1), the provisions of section 123 shall apply as if the service
of the seaman or apprentice had terminated without his consent and
before the expiration of the period for which the seaman was engaged or
the apprentice was bound.
 Indian Merchant Shipping Act 1958
• 125. Master to deliver account of wages. ―(1) The master of every ship
shall, before paying off or discharging a seaman under this Act deliver at
the time and in the manner provided by this Act a full and true account in
the form prescribed of the seaman's wages and of nil deductions to be
made therefrom on any account whatever.
•
• (2) The said account shall be delivered, either to the seaman himself, at
or before the time of his leaving the ship, or to the shipping master not
less than twenty-four hours before the discharge or payment off.
 Indian Merchant Shipping Act 1958
• 126. Disrating of seamen. ―(1) Where the master of a ship disrates a
seaman, he shall forthwith enter of cause to be entered in the official log
book, a statement of the disrating, and furnish the seaman with a copy of
the entry; and any reduction of wages consequent on the disrating shall
not take effect until the entry has been so made and the copy so
furnished.

• (2) Any reduction of wage's consequent on the disrating of a seaman

shall be deemed to be a deduction from wages within the meaning of
sections 125 and 127.
 Indian Merchant Shipping Act 1958
• 127. Deductions from wages of seamen. ―(1) A deduction from the
wages of a seaman shall not be allowed unless it is included in the
account delivered in pursuance of this Act except in respect of a matter
happening after such delivery.
•
• (2) The master shall during the voyage enter the various matters in
respect of which the deductions are made, with the amount of the
respective deductions as they occur, in a book to be kept for that
purpose, and shall, if required, produce the book at the time of the
payment of wages and also upon the hearing before any competent
authority of any complaint or question relating to that payment.
 Indian Merchant Shipping Act 1958
• 128. Payment of wages before shipping master. ―(1) Where a seaman is
discharged in India before a shipping master, he shall receive his wages
through, or in the presence of, the shipping master unless a competent
Court otherwise directs.

• 129. Time of payment of wages. ―(1) The master, owner or agent of

every ship shall pay to every seaman his wages within four days after the
seaman's discharge, and the seaman shall at the time of his discharge be
entitled to be paid on account a sum equal to one-fourth part of the
balance due to him.
 Indian Merchant Shipping Act 1958
• (2) If a master, owner or agent fails without reasonable cause to make
payment at that time, he shall pay to the seaman such sum not exceeding
the amount of two day’s pay for each of the days commencing from the
day of discharge, during which payment is delayed as the shipping master
may in each case decide, but the sum so payable shall not exceed ten
days' double pay.
• 130. Settlement of wages. ―(1) Where a seaman is discharged and the
settlement of his wages completed before a shipping master, the seaman,
shall sign in the presence of the shipping master a release in the form,
prescribed of all claims in respect of the past voyage or engagement, and
the release shall also be signed by the master, owner or agent of the ship
and attested by the shipping master.
 Indian Merchant Shipping Act 1958
• (2) The release so signed and attested shall be retained by the shipping
master and shall operate as a mutual discharge and settlement of all
demands between the parties thereto in respect of the past voyage or
engagement but shall not debar a claim, to compensation for personal
injury caused by accident arising out of and in the course of employment.
• (5) Upon any payment being made by a master before a shipping master,
the shipping master shall, if required, sign and give to the master a
statement of the whole amount so paid, and the statement shall as
between the master and his employer, be admissible as evidence that the
master has made the payments therein mentioned.
 Indian Merchant Shipping Act 1958
• 130A. Certain undisbursed amounts to be utilised for welfare of
seamen.―Subject to the provisions of section 160 and to such restriction
and conditions as may be prescribed any amount deposited with or
recovered by the shipping master for making payment in accordance with
the allotment note made by a seaman or for being paid to a seaman or
his nominee may, if such amount remains unclaimed with the shipping
master for a period of not less than six years be utilised for the welfare of
seamen in such manner as the Central Government may direct.]
 Indian Merchant Shipping Act 1958
• 131. Master to give facilities to seaman for remitting wages.―Where a
seaman expresses to the master of the ship his desire to have facilities
afforded to him for remitting any part of the balance of the wages due to
him to a savings bank or to a near relative, the master shall give to the
seaman all reasonable facilities for so doing so far as regards so much of
the balance as is within the limits, if any, specified in this behalf by the
Central Government.
• 132. Decision of questions by shipping masters. ―(1) Where under the
agreement with the crew any dispute arises at any port in India between
the master, owner or agent of a ship and any of the crew of the ship, it
shall be submitted to the shipping master, ―
 Indian Merchant Shipping Act 1958
• 2[(a) where the amount in dispute is up to five lakh rupees or such higher
amount not exceeding ten lakh rupees, as the Central Government may,
by notification, specify, at the instance of either party to the dispute;] (b)
in any other case, if both parties to the dispute agree in writing to submit
the dispute to the shipping master. 3[(1A) Any complaint of dispute
received by the shipping master from an Indian seaman, on a vessel
registered in a country other than India, in Indian territorial waters, with
the master, owner or agent.] (2) The shipping master shall hear and
decide the dispute so submitted and an award made by him upon the
submission shall be conclusive as to the rights of the parties, and any
document purporting to be such submission or award shall be prima facie
evidence thereof.
 Indian Merchant Shipping Act 1958
• (3) An award made by a shipping master under this section may be enforced
by 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate, as
the case may be,] in the same manner as an order for the payment of wages
made by such Magistrate under this Act.
• 133. Power of shipping master to require production of ship's papers.―
• 134. Rule as to payment to seamen in foreign currency. ―at the rate of
exchange for the time being current at the place where the payment is made.
• 135. Advance of wages. ―(1) Any agreement with the crew may contain a
stipulation for payment to a seaman, conditional on his going to sea in
pursuance of the agreement of a sum not exceeding the amount of one
month's wages payable to the seaman under the agreement.
 Indian Merchant Shipping Act 1958
• (3) No seaman, who has been lawfully engaged and has received under
his agreement an advance payment, wilfully or through misconduct shall
fail to attend his ship or desert there from before the payment becomes
really due to him.
• (4) Where it is shown to the satisfaction of a shipping master that a
seaman lawfully engaged has wilfully or through misconduct failed to
attend his ship, the shipping master shall report the matter to the
Director-General who may direct that any of the seaman's certificates of
discharge referred to in sections 119 and 120 shall be withheld for such
period as he may think fit.
 Indian Merchant Shipping Act 1958
• 136. Allotment notes respecting seaman's wages. ―(1) A seaman may
require that a stipulation be inserted in the agreement for the allotment, by
means of an allotment note, of any part (not exceeding three-fourths) of
the amount of the monthly wages payable to him in favour of any such
member of his family or any such relative or for any such purpose approved
in this behalf by the Central Government by general or special order, as may
be specified in the note.
• (3) Whenever a seaman requires such a stipulation, the stipulation shall be
inserted in the agreement of the crew, and such stipulation shall be
deemed to have been agreed to by the master.
• (4) An allotment note shall be in the prescribed form and shall be signed by
the owner, master or agent of the ship and by the seaman.
 Indian Merchant Shipping Act 1958
• 137. Commencement and payment of sums allotted. ―(1) A payment
under an allotment note shall begin at the expiry of 1[one month from
the date on which the seaman's right to wages begins] and shall be made
at the expiration of every subsequent month after the first month and
shall be made only in respect of the wages earned before the date of
payment.
Rights of seamen in respect of wages
• 138. Right to wages and provisions. ―A seaman's right to wages and
provisions shall be taken to being either at the time at which he
commences work or at the time specified in the agreement for his
commencement of work or presence on board, whichever first happens.
 Indian Merchant Shipping Act 1958
• 138A. Working hours of seamen. ―The ordinary hours of work for all
seamen shall not exceed forty-eight hours in a week.]
• 139. Right to recover wages and salvage not to be forfeited.―(1) A
seaman shall not by any agreement forfeit his lien on the ship or be
deprived of any remedy for the recovery of his wages to which, in the
absence of the agreement, he would be entitled, and shall not by any
agreement abandon his right to wages in case of loss of the ship or
abandon any right that he may have or obtain in the nature of salvage,
and every stipulation in any agreement inconsistent with any provisions
of this Act shall be void.
 Indian Merchant Shipping Act 1958
• 140. Wages not to depend on freight.―(1) The right to wages shall not
depend on the earning of freight, and every seaman and apprentice who
would be entitled to demand and recover any wages if the ship in which he
has served had earned freight, shall, subject to all other rules of law and
conditions applicable to the case, be entitled to demand and recover the
same notwithstanding that freight has not been earned, but in all cases of
wreck or loss of the ship, proof that the seaman has not exerted himself to
the utmost to save the ship, cargo and stores shall bar his claim to wages.
• (2) Where a seaman or apprentice who would but for death be entitled by
virtue of this section to demand and recover any wages dies before the
wages are paid, they shall be paid and applied in manner provided by this
Act with respect to the wages of a seaman who dies during a voyage.
 Indian Merchant Shipping Act 1958
• 141. Wages on termination of service by wreck, illness, etc.―(1) Where
the service of any seaman engaged under this Act terminates before the
date contemplated in the agreement by reason of the wreck, loss or
abandonment of the ship or by reason of his being left on shore at any
place outside India under a certificate granted under this Act of his
unfitness or inability to proceed on the voyage the seaman shall be
entitled to receive―
• (a) in the case of wreck, loss or abandonment of the ship―
• (i) wages at the rate to which he was entitled at the date of termination
of his service for the period from the date his service is so terminated
until he is returned to and arrives at a proper return port;
 Indian Merchant Shipping Act 1958
• Provided that the period for which he shall be entitled to receive wages
shall be not less than one month; and (ii) compensation for the loss of his
effects―
• (a) in the case of a seaman employed on a home-trade ship, of not less
than one month’s wages; and
• (b) in the case of a seaman employed on a foreign-going ship, of not less
than three month’s wages;
• (b) in the case of unfitness or inability to proceed on the voyage, wages
for the period from the date his service is terminated until he is returned
to and arrives at a proper return port.
 Indian Merchant Shipping Act 1958
• (2) A seaman shall not be entitled to receive wages under sub-clause (i)
of clause (a) of sub-section (1) in respect of any period during which―
• (a) he was, or could have been, suitably employed; or
• (b) through negligence he failed to apply to the proper authority for relief
as a distressed or destitute seaman.
• (3) Any amount payable by way of compensation under sub-clause (ii) of
clause (a) of sub- section (1) shall be deposited with the shipping master
at the port of engagement in India for payment to the seaman, or, in the
case of a deceased seaman,1[to the person nominated by him in this
behalf under section 159A or if he has not made any such nomination or
the nomination made by him is or has become void, to his legal heirs.]
 Indian Merchant Shipping Act 1958
• 142. Wages not to accrue during absence without leave, refusal to work
or imprisonment. ―
• 143. Compensation to seamen for premature discharge.―(1) If a
seaman having signed an agreement is discharged, otherwise than in
accordance with the terms thereof, without fault on his part justifying the
discharge and without his consent, he shall be entitled to receive from
the master, owner or agent, in addition to any wages he may have
earned, as due compensation for the damage caused to him by the
discharge, such sum as the shipping master may fix having regard to the
circumstances relating to the discharge:
 Indian Merchant Shipping Act 1958
• Provided that the compensation so payable shall not exceed —
• (a) in the case of a seaman who has been discharged before the
commencement of a voyage, one month's wages; and
• (b) in the case of a seaman who has been discharged after the
commencement of a voyage, three months' wages.
• 144. Restriction on sale of and charge upon wages. ―(1) As respects
wages due or accruing to a seaman or apprentice
• (a) they shall not be subject to attachment by order of any court;
 Indian Merchant Shipping Act 1958
Mode of recovering wages
• 145. Summary proceedings for wages.―(1) A seaman or apprentice or a
person duly authorised on his behalf may, as soon as any wages due to
him become payable, apply to 1[any Judicial Magistrate of the first class
or any Metropolitan Magistrate, as the case may be,] exercising
jurisdiction in or near the place at which his service has terminated or at
which he has been discharged or at which any person upon whom the
claim is made is or resides, and 2[such Magistrate] shall try the case in a
summary way and the order made by 2[such Magistrate] in the matter
shall be final.
 Indian Merchant Shipping Act 1958
• 146. Restrictions on suits for wages. ―A proceeding for the recovery of
wages due to a seaman or apprentice shall not be instituted by or on
behalf of any seaman or apprentice in any civil court except where―
• (a) the owner of the ship has been declared insolvent;
• (b) the ship is under arrest or sold by the authority of any Court;
• (c) 1[a Judicial Magistrate of the first class or a Metropolitan Magistrate
as the case may be,] refers a claim to the Court.
 Indian Merchant Shipping Act 1958
• 147. Wages not recoverable outside India in certain cases. ―Where a
seaman is engaged for a voyage which is to terminate in India, he shall
not be entitled to sue in any court outside India for wages unless he is
discharged with such sanction as is required by this Act, and with the
written consent of the master, or proves such ill-usage on the part, or by
the authority, of the master, as to warrant a reasonable apprehension of
danger to his life if he were to remain on board.
• 148. Remedies of master for wages, disbursements, etc.―(1) The
master of a ship shall, so far as the case permits, have the same rights,
liens and remedies for the recovery of his wages as a seaman has under
this Act or by any law or custom.
 Indian Merchant Shipping Act 1958
Power of courts to rescind (Cancel) contracts
• 149. Power of Court to rescind contract between master, owner or
agent and seaman or apprentice.―Where a proceeding is instituted in
any court in relation to any dispute between master, owner or agent of a
ship and a seaman or apprentice, arising out of or incidental to their
relation as such, or instituted for the purpose of this section, the court, if
having regard to all the circumstances of the case, it thinks it, just to do
so, may rescind any contract between the master, owner or agent and
the seaman or apprentice, upon such terms as the court may think just,
and this power shall be in addition to any other jurisdiction which the
court can exercise independently of this section.
 Indian Merchant Shipping Act 1958
Disputes between seamen and employers
• 150. Power to refer disputes between seamen and their employers to
tribunals.―(1) Where the Central Government is of opinion that any
dispute between seamen or any class of seamen or of any union of
seamen and the owners of ships in which such seamen are employed or
are likely to be employed and exists or is apprehended and such dispute
relates to any matter connected with or incidental to the employment of
the seamen, the Central Government may, by notification in the Official
Gazette, constitute a tribunal consisting of one or more persons, and
refer the dispute to the tribunal for adjudication.
 Indian Merchant Shipping Act 1958
• 151. Conditions of service, etc., to remain unchanged during pendency
of proceedings before tribunal. ―During the pendency of proceedings
under section 150—
• (a) no seamen or class of seamen or union of seamen shall go or remain
on strike or otherwise
• act in a manner prejudicial to the normal operation of the ships in which
the seamen are employed or are likely to be employed; and
• (b) no owner of a ship shall—
• (i) alter to the prejudice of the seamen concerned in the dispute, the
conditions of service applicable to them immediately before the
commencement of such proceedings; or
 Indian Merchant Shipping Act 1958
• (ii) discharge or punish any seaman in respect of any matter connected with
the dispute.
Property of deceased seamen and apprentices
• 152. Master to take charge of the effects of deceased seamen. — (1) If any
seaman or apprentice engaged on any ship, the voyage of which is to
terminate in India, dies during that voyage, the master of the ship shall report
the death to the next-of-kin of the seaman or apprentice and to the shipping
master at his port of engagement and shall take charge of any money or
effects belonging to the seaman or apprentice which are on board the ship.
• (2) The master shall thereupon enter in the official log book the following
particulars, namely: —
 Indian Merchant Shipping Act 1958
• (a) a statement of the amount of money and a detailed description of the
other effects;
• (b) a statement of the sum due to the deceased for wages and of the
amount of deduction, if any, to be made from the wages.
• (3) The said money, balance of wages and other effects are in this Act
referred to as the property of the seaman or apprentice.
 Indian Merchant Shipping Act 1958
• 153. Dealing with and account of property of seamen who die during
voyage.―(1) If any seaman or apprentice engaged on any ship, the voyage
of which is to terminate in India, dies during that voyage and the ship
before coming to a port in India touches and remains for forty-eight hours
at some port elsewhere, the master shall report the case to the Indian
consular officer at such port and shall give to the officer any information he
requires as to the destination of the ship and probable length of the voyage.
• (2) The Indian consular officer may, if he thinks it expedient, require the
property of the seaman or apprentice to be delivered and paid to him and
shall thereupon give to the master a receipt therefor and endorse under his
hand upon the agreement with the crew such particulars with respect
thereto as the Central Government may require.
 Indian Merchant Shipping Act 1958
• (3) The receipt shall be produced by the master to the shipping master
within forty-eight hours after his arrival at his port of destination in India.
• (4) Where a seaman or apprentice dies as aforesaid and the ship proceeds
at once to a port in India without touching and remaining as aforesaid at
a port elsewhere or the Indian consular officer does not require the
delivery and payment of the property as aforesaid, the master shall
within forty-eight hours after his arrival at his port of destination in India,
pay and deliver the property to the shipping master at that port.
• (6) A shipping master in India shall grant to a master upon due
compliance with such provisions of this section as relate to acts to be
done at the port of destination a certificate to that effect.
 Indian Merchant Shipping Act 1958
• 154. Master to pay and deliver property of deceased seamen. ―(1) If
the master of a ship fails to comply with the provisions of this Act with
respect to taking charge of the property of the deceased seaman or
apprentice, or to making in the official log book the proper entries
relating thereto, or to the payment or delivery of such property, he shall
be accountable for such property to the shipping master as aforesaid, and
shall pay and deliver the same accordingly.
• (2) The property may be recovered in the same Court and manner in
which the wages of seamen may be recovered under this Act.
 Indian Merchant Shipping Act 1958
• 155. Property of deceased seaman left abroad but not on board ship. ―If
any seaman or apprentice on an Indian ship, or engaged in India on any other
ship, the voyage of which is to terminate in India, dies at any place outside
India leaving any money or effects not on board the ship, the Indian consular
officer at or near the place shall claim and take charge of such money and
other effects (hereinafter referred to as the property of a deceased seaman
or apprentice).
• 156. Dealing with property of deceased seamen. ―(1) An Indian consular
officer or a shipping master to whom the effects of a deceased seaman or
apprentice are delivered or who takes charge of such effects under this Act
may, if he thinks fit, sell the effects, and the proceeds of any such sale shall be
deemed to form part, of the property of the deceased seaman or apprentice.
 Indian Merchant Shipping Act 1958
• (2) Before selling any valuables comprised in the said effects, such officer of
shipping master shall endeavour to ascertain the wishes of the next-of-kin
of the deceased seaman or apprentice as to the disposal of such valuables
and shall, if practicable and lawful, comply with such wishes
• 157. Recovery of wages, etc., of seamen lost with their ship.―(1) Where a
seaman or apprentice is lost with the ship to which he belongs, the Central
Government or such officer as the Central Government may appoint in this
behalf may recover the wages and the compensation due to him from the
owner, master or agent of the ship in the same Court and in the same
manner in which seamen's wages are recoverable, and shall deal with those
wages in the same manner as with the wages and compensation due to
other deceased seamen or apprentices under this Act.
 Indian Merchant Shipping Act 1958
• 158. Property of seamen dying in India. ―If a seaman or apprentice dies
in India and is at the time of his death entitled to claim from the master
or owner of the ship in which he has served any effects or unpaid wages,
the master, owner or agent shall pay and deliver or account for such
property to the shipping master at the port where the seaman or
apprentice was discharged or was to have been discharged or to such
other officer as the Central Government may direct.
 Indian Merchant Shipping Act 1958
• 159. Payment over of property of deceased seamen by shipping
master.―Where any property of a deceased seaman or apprentice is paid
or delivered to a shipping master, the shipping master, after deducting for
expenses incurred in respect of that seaman or apprentice or of his
property 1[such sums as he thinks proper to allow, shall pay and deliver the
residue to the person nominated by the seaman or apprentice in this behalf
under section 159A and if he has not made any such nomination or the
nomination made by him is or has become void, the shipping master may―
• (a) pay and deliver the residue to any claimants who can prove themselves
to the satisfaction of the said shipping master to be entitled thereto, and
the said shipping master shall be thereby discharged from all further
liability in respect of the residue so paid or delivered.
 Indian Merchant Shipping Act 1958
• 3[159A. Nomination. ―(1) A seaman may, for the purposes of sub-
section (3) of section 141 and clause (b) of section 159 and an apprentice
may, for the purposes of clause (b) of section 159, nominate any person
or persons: Provided that if the seaman or the apprentice has a family, he
may nominate for the purposes aforesaid any one or more members of
his family only and if a seaman or an apprentice acquires a family after he
has made any such nomination, the nomination shall become void.
 Indian Merchant Shipping Act 1958
• 160. Disposal of unclaimed property of deceased seamen. ―(1) Where
no claim to the property of a deceased seamen or apprentice received by
a shipping master is substantiated within one year from the receipt
thereof by such shipping master, the shipping master shall cause such
property to be sold and pay the proceeds of the sale into the public
account of India. (2) If, after the proceeds of the sale having been so paid,
any claim is made thereto, then, if the claim is established to the
satisfaction of the shipping master, the amount or so much thereof as
shall appear to him to be due to the claimant, shall be paid to him, and if
the claim is not so established, the claimant may apply by petition to the
High Court, and such Court.
 Indian Merchant Shipping Act 1958
Distressed seamen
• 161. Relief and maintenance of distressed seamen. ―(1) The Indian
consular officer at or near the place where a seaman is in distress shall,
on application being made to him by the distressed seaman, provide in
accordance with the rules made under this Act for the return of that
seaman to a proper return port, and also for the said seaman's necessary
clothing and maintenance until his arrival at such port.
• (2) A distressed seaman shall not have any right to be maintained or sent
to a proper return port except to the extent and on the conditions
provided for in the rules.
 Indian Merchant Shipping Act 1958
• (3) All repatriation expenses, other than excepted expenses, incurred by or
on behalf of the Central Government in accordance with the provisions of
this Act shall constitute a debt due to the Central Government for which the
owner or agent of the ship to which the seaman in respect of whom they
were incurred belonged at the time of his discharge or other event which
resulted in his becoming distressed seaman shall be liable; and the owner or
agent shall not be entitled to recover from the seaman any amount paid by
him to the Central Government in settlement or part settlement of such debt.
• 162. Mode of providing for return of seamen to proper return port. ―(1) A
seaman may be sent to a proper return port by any reasonable route either
by sea or land or if necessary by air or partly by any one and partly by any
other of these modes.
 Indian Merchant Shipping Act 1958
• 163. Receiving distressed seamen on ships. ―(1) The master of an Indian
ship shall receive on board his ship and afford passage and maintenance
to all distressed seamen whom he is required by the Indian consular
officer to take on board his ship, and shall during the passage provide
every such distressed seaman with accommodation equal to that
normally provided for the crew of the ship and subsistence, proper to the
rank or rating of the said distressed seaman.
• 164. Provisions as to taking distressed seamen on ships. ―(1) Where a
distressed seaman is for the purpose of his return to a proper return port
placed on board an Indian ship, the Indian consular officer by whom the
seaman is so placed shall endorse on the agreement with the crew of the
ship particulars of the seaman so placed on board.
 Indian Merchant Shipping Act 1958
• 165. What shall be evidence of distress. ―In any proceeding under this
Part a certificate of the Central Government or of such officer as the
Central Government may specify in this behalf to the effect that any
seaman named therein is distressed shall be conclusive evidence that
such seaman is distressed within the meaning of this Act.
• 166. Indian consular officer to decide return port to which or route by
which seaman is to be sent.―If any question arises as to what return
port a seaman is to be sent in any case or as to the route by which he
should be sent, that question shall be decided by the Indian consular
officer concerned, and in deciding any question under this provision the
Indian consular officer shall have regard both to the convenience of the
seaman and to the expense involved.
 Indian Merchant Shipping Act 1958
• 167. Power to make rules with respect to distressed seamen. ―
Provisions, health and accommodation
• 168. Ships to have sufficient provisions and water. ―(1) All Indian ships
and all ships upon which seamen have been engaged shall have on board
sufficient provisions and water of good quality and fit for the use of the
crew on the scale specified in the agreement with the crew.
• 169. Allowances for short or bad provisions. ―(1) In either of the
following cases, that is to say, ―
• (a) if during the voyage the allowance of any of the provisions for which a
seaman has by his agreement stipulated is reduced, or
 Indian Merchant Shipping Act 1958
• (b) if it is shown that any of those provisions are or have during the voyage
been bad in quality or unfit for use, the seaman shall receive by way of
compensation for that reduction or bad quality according to the time of its
continuance
• 170. Foreign going Indian ship to carry duly certificated cook. ―(1) With
effect from such date as the Central Government may, by notification in the
official Gazette, specify, every foreign-going Indian ship of such tonnage as
may be prescribed shall be provided with, and shall carry, a cook duly
certificated under this Act.
• 171. Weights and measures on board. ―
• 172. Beddings, towels, medicines, medical stores, etc., to be provided and
kept on board certain ships. ―
 Indian Merchant Shipping Act 1958
• 173. Certain ships to carry medical officer. ―1[(1) Every foreign-going
ship carrying―
• (a) more than the prescribed number of persons (including the crew),
shall have on board as part of her complement a medical officer
possessing such qualifications; and
• (b) less than the prescribed number of persons shall have such medical
facilities,
• as may be prescribed, in accordance with the provisions of the Maritime
Labour Convention.] (2) Nothing in this section shall apply to 2[a special
trade passenger ship] or a pilgrim ship.
 Indian Merchant Shipping Act 1958
• 174. Expenses of medical attendance in case of illness.―(1) If the
master of an Indian ship, or a seaman or apprentice, receives any hurt or
injury or suffers from any illness (not being a hurt, injury or illness due to
his own wilful act or default or to his own misbehaviour), resulting in his
being discharged or left behind at a place other than his proper return
port, the expenses of providing the necessary medical service, shall be by
the owner of the ship without any deduction on that account from his
wages.
• 175. Accommodation (in ship)for seaman. ―
 Indian Merchant Shipping Act 1958
• 176. Inspection by shipping master, etc., of provisions, water, weights
and measures and accommodation. ―A shipping master, surveyor,
seamen's welfare officer, port health officer, Indian consular officer or any
other officer at any port duly authorised in this behalf by the Central
Government― (a) in the case of any ship upon which seamen have been
shipped at that port, may at any time, and
• (b) in the case of any Indian ship, may at any time, and if the master or
three or more of the crew so request, shall, enter on board the ship and
inspect—
 Indian Merchant Shipping Act 1958
• 1[176A. Ships to possess Maritime Labour Certificate and Declaration of
Maritime Labour Compliance. ―(1) All ships of five hundred tons gross
or more and engaged in international voyage or operating from a port, or
between ports, in another country, shall possess a Maritime Labour
Certificate and a Declaration of Maritime Labour Compliance. (2) Ships
not covered under sub-section (1) shall, unless, exempted by the Central
Government, possess such certificate in such manner and form, as may
be prescribed.
 Indian Merchant Shipping Act 1958
• 177. Inspection by master of provisions, water and accommodation at
sea.―The master of an Indian ship which is at sea shall, at least once in
every ten days, cause an inspection to be made of the provisions and
water provided for the use of the seamen and apprentices and the crew
accommodation, for the purpose of ascertaining whether the same are
being maintained in accordance with the requirements of this Act
• 177A. Power to make rules to prevent accidents, etc.―
 Indian Merchant Shipping Act 1958
Special provisions for the protection of seamen in respect of litigation
• 178. Meaning of serving seaman. ―A seaman shall, for the purposes of
these provisions, be deemed to be a serving seaman during any period
commencing on the date of the agreement with the crew and ending
thirty days after the date on which the seaman is finally discharged from
such agreement.
• 179. Particulars to be furnished in plaints, etc
 Indian Merchant Shipping Act 1958
• 180. Notice to be given in case of unrepresented seaman. ―(1) If a
collector has certified under sub-section (2) of section 179, or if a Court
has reason to believe that a seaman who is a party to any proceeding
before the Court, is unable to appear therein or is a serving seaman, the
Court shall suspend the proceeding and shall give notice thereof to the
shipping master:
• 181. Power to set aside decrees and orders passed against serving
seaman.―(1) Where in any proceeding before a court, a decree or order
has been passed against any seaman while he was a serving seaman, the
seaman, or if he dies while he is a serving seaman, his legal
representative, may apply to the said court to have the decree or order
set aside
 Indian Merchant Shipping Act 1958
• 182. Modification of law of limitation where seaman is a party.―
• 183. Reference in matters of doubt to shipping masters. ―
Provisions for the protection of seamen in respect of other matters
• 184. Facilities for making complaints. ―If a seaman or apprentice states
to the master that he desires to make a complaint to 1[a Judicial
Magistrate of the first class or a Metropolitan Magistrate, as the case may
be] or other proper officer against the master or any of the crew, the
master shall,―
 Indian Merchant Shipping Act 1958
• (a) if the ship is then at a place where there is 1[a Judicial Magistrate of
the first class or a Metropolitan Magistrate, as the case may be,] or other
proper officer, as soon after such statement as the service of the ship will
permit
• 185. Assignment or sale of salvage invalid. ―Subject to the provisions of
this Act, an assignment of salvage payable to a seaman or apprentice
made prior to the accruing thereof shall not bind the person making the
same, and a power-of-attorney or authority for the receipt of any such
salvage shall not be irrevocable.
• 186. No debt recoverable till end of voyage. ―
 Indian Merchant Shipping Act 1958
• 187. Seamen’s property not to be detained. ―(1) Any person who
receives or takes into his possession or under his control any money or
other property of a seaman or apprentice shall return the same or pay
the value thereof when required by the seaman or apprentice subject to
deduction of such amounts as may be justly due to him from the seaman
or apprentice in respect of board or lodging or otherwise.
• 188. Prohibition against solicitation by lodging house keepers. ―No
person shall, while a ship is at any port or place in India—
• (a) solicit a seaman or apprentice to become a lodger at the house of any
person letting lodgings for hire; or
 Indian Merchant Shipping Act 1958
• (b) take out of the ship any property of the seaman or apprentice except
under the direction of the seaman or apprentice and with the permission of
the master.
• 189. Ship not to be boarded without permission before seamen leave.―
Provisions as to discipline
• 190. Misconduct endangering life or ship. ―No master, seaman, or
apprentice belonging to an Indian ship, wherever it may be, or to any other
ship, while in India, shall knowingly—
• (a) do anything tending to the immediate loss or destruction of, or serious
damage to, the ship, or tending immediately to endanger the life of, or to
cause injury to any person belonging to or on board the ship; or
 Indian Merchant Shipping Act 1958
• (b) refuse or omit to do any lawful act proper and requisite to be done by
him for preserving the ship from immediate loss, destruction or serious
damage, or for preserving any person belonging to or on board the ship
from danger to life or from injury.
• 191. Desertion and absence without leave. ―(1) No seaman lawfully
engaged and no apprentice—
• (a) shall desert his ship; or
 Indian Merchant Shipping Act 1958
• (b) shall neglect or refuse, without reasonable cause, to join the ship or
to proceed to sea in his ship or be absent without leave at any time
within twenty-four hours of the ship's sailing from a port either at the
commencement or during the progress of a voyage, or be absent at any
time without leave and without sufficient reason from his ship or from his
duty.
 Indian Merchant Shipping Act 1958
• (2) For the purposes of sub-section (1), the fact that the ship, on which
the seaman or apprentice is engaged or to which he belongs is
unseaworthy shall be deemed to be a reasonable cause: Provided that
the seaman or apprentice has, before failing or refusing to join his ship or
to proceed to sea in his ship or before absenting himself or being absent
from the ship, as the case may be, complained to the master or a
shipping master, surveyor, seamen’s welfare officer, port health officer,
Indian consular officer or any other officer at any port duly authorised in
this behalf by the Central Government, that the ship is unseaworthy.
 Indian Merchant Shipping Act 1958
• 192. Power to suspend deserter's certificate of discharge.―If it is shown
to the satisfaction of a proper officer that a seaman has deserted his ship
or has absented himself without leave and without sufficient reason from
his ship or from his duty, the proper officers shall forthwith make a report
to that effect to the Director-General who may thereupon direct that the
seaman's certificate of discharge or continuous certificate of discharge
shall be withheld for such period as may be specified in the direction.
 Indian Merchant Shipping Act 1958
• 193. Conveyance of deserter or imprisoned seaman on board ship.―(1)
If a seaman or apprentice deserts his ship or is absent without leave and
without sufficient reason from his ship or from his duty, the master, any
mate, the owner or agent of the owner of the ship may, without
prejudice to any other action that may be taken against the seaman or
apprentice under this Act, convey him on board his ship and may for that
purpose cause to be used such force as may be reasonable in the
circumstances of the case.
 Indian Merchant Shipping Act 1958
• (2) If, either at the commencement or during the progress of any voyage,
a seaman or apprentice engaged in an Indian ship commits outside India,
the offence of desertion or absence without leave or any offence against
discipline, the master, any mate, the owner or agent of the owner may, if
and so far as the laws in force in the place will permit, arrest him without
first procuring a warrant.
• (3) No person shall convey on board or arrest a seaman or apprentice on
improper or insufficient grounds.
• 194. General offences against discipline. ―A seaman lawfully engaged or
an apprentice shall be guilty of an offence against discipline if he commits
any of the following acts, namely: ―
 Indian Merchant Shipping Act 1958
• (a) if he quits the ship without leave after her arrival at her port of
delivery and before she is placed in security;
• (b) if he is guilty of wilful disobedience to any lawful command or neglect
of duty;
• (c) if he is guilty of continued wilful disobedience to lawful commands or
continued wilful neglect of duty;
• (d) if he assaults the master or any other 1[officer of or a seaman or an
apprentice belonging to, the ship];
• (e) if he combines with any of the crew to disobey lawful commands or to
neglect duty or to impede the navigation of the ship or retard the
progress of the voyage;
 Indian Merchant Shipping Act 1958
• (f) if he wilfully damages his ship or commits criminal misappropriation or
breach of trust in respect of, or wilfully damages any of, her stores or
cargo.
• 195. Smuggling of goods by seamen or apprentices. ―(1) If a seaman
lawfully engaged or an apprentice is convicted of an offence of smuggling
any goods whereby loss or damage is occasioned to the master or owner
of the ship, he shall be liable to pay to that master or owner a sum
sufficient to reimburse the loss or damage and the whole or a part of his
wages may he retained in satisfaction on account of that liability without
prejudice to any other remedy.
 Indian Merchant Shipping Act 1958
• (2) If a seaman lawfully engaged is convicted of an offence of smuggling
opium, hemp or any other narcotic drug or narcotic, the Director-General
may direct that the seaman's certificate of discharge or continuous
certificate of discharge shall be cancelled or shall be suspended for such
period as may be specified in the direction.
• 196. Entry of offences in official logs. ―If any offence within the meaning
of this Act of desertion or absence without leave or against discipline is
committed, or if any act of misconduct is committed for which the
offender's agreement imposes a fine, and it is intended to enforce the fine,
—
• (a) an entry of the offence or act shall be made in the official log book and
signed by the master, the mate and one of the crew; and
 Indian Merchant Shipping Act 1958
• (b) the offender, if still in the ship, shall, before the next subsequent
arrival of the ship at any, port, or, if she is at the time in port, before her
departure therefrom, be furnished with a copy of the entry and have the
same read over distinctly and audibly to him and may thereupon make
such reply thereto as he thinks fit;
• 197. Report of desertions and absence without leave. ―Whenever any
seaman engaged outside India on an Indian ship deserts or otherwise
absents himself in India without leave, the master of the ship shall, within
forty-eight hours of discovering such desertion or absence, report the
same to the shipping master or to such other officer as the Central
Government specifies in this behalf, unless in the meantime, the deserter
or absentee returns.
 Indian Merchant Shipping Act 1958
• 198. Entries and certificates of desertion abroad. ―(1) In every case of
desertion from an Indian ship whilst such ship is at any place out of India,
the master shall produce the entry of desertion in the official log book to
the Indian consular officer at the place, and that officer shall thereupon,
make and certify a copy of the entry.
• (2) The master shall forthwith transmit such copy to the shipping master at
the port at which the seaman or apprentice was shipped, and the shipping
master shall, if required, cause the same to be produced in any legal
proceeding.
• (3) Such copy, if purporting to be so made and certified as aforesaid, shall,
in any legal proceeding relating to such desertion, be admissible in
evidence.
 Indian Merchant Shipping Act 1958
• 199. Facilities for proving desertion in proceedings for forfeiture of
wages.―(1) Whenever a question arises whether the wages of any
seaman or apprentice are forfeited for desertion from a ship, it shall be
sufficient for the person insisting on the forfeiture to show that the
seaman or apprentice was duly engaged in or belonged to the ship, and
either that he left the ship before the completion of the voyage or
engagement or, if the voyage was to terminate in India and the ship has
not returned, that he is absent from her and that an entry of his
desertion has been duly made in the official log book.
 Indian Merchant Shipping Act 1958
• 200. Application of forfeiture. ―(1) Where any wages or other property are
under this Act forfeited for desertion from a ship, they shall be applied
towards reimbursing the expenses caused by the desertion to the master or
the owner of the ship, and subject to that reimbursement, shall be paid to
the Central Government.
• (2) For the purposes of such reimbursement the master or the owner or his
agent may, if the wages are earned subsequent to the desertion, recover
them in the same manner as the deserter could have recovered them if not
forfeited; and the court in any legal proceeding relating to such wages may
order them to be paid accordingly.
• 201. Decision of questions of forfeiture and deduction in suits for wages.
―
 Indian Merchant Shipping Act 1958
• 202. Payment of fines imposed under agreement to shipping master.
―(1) Every fine imposed on a seaman for any act of misconduct under
this agreement shall be deducted and paid over as follows, namely: ―
• (a) if the offender is discharged at any port or place in India and the
offence and such entries in respect thereof as aforesaid are proved to the
satisfaction of the shipping master before whom the offender is
discharged, the master or owner shall deduct such fine from the wages of
the offender and pay the same over to such shipping master; and
• (2) An act of misconduct for which any such fine has been inflicted and
paid shall not be otherwise punishable under the provisions of this Act.
 Indian Merchant Shipping Act 1958
• (3) The proceeds of all fines received by a shipping master under this
section shall be utilised for the welfare of seamen in such manner as the
Central Government may direct.
• 203. Seaman or apprentice not to be enticed (Persuade) to desert. ―
• 204. Deserters not to be harboured. ―1[Provided that the provisions of
this section shall not extend to the case in which the harbour or secreting
is by the spouse of the seaman or apprentice.]
 Indian Merchant Shipping Act 1958
• 205. Stowaways and seamen carried under compulsion. ―
• (2) Every seafaring person to whom the master of a ship, is under the
authority of this Act or any other law compelled to take on board and
convey and every person who goes to sea in a ship without such consent
as aforesaid, shall, so long as he remains in the ship, be subject to the
same laws and regulations for preserving discipline and to the same fines
and punishments for offences constituting or tending to a breach of
discipline as if he were a member of, and has signed the agreement with,
the crew.
 Indian Merchant Shipping Act 1958
• 206. Procedure where seaman not shipped in India is imprisoned on
complaint of master or owner. ―If any seaman engaged outside India is
imprisoned on complaint made by or on behalf of the master or owner of
the ship or for any offence for which he has been sentenced to
imprisonment for a term not exceeding one month, then—
• (a) while such imprisonment lasts, no person shall, without the previous
sanction in writing of the Central Government or of such officer as it may
specify in this behalf, engage in India any person to serve as a substitute
for such seaman on board the ship; and
 Indian Merchant Shipping Act 1958
• (b) the Central Government or such officer as it may specify in this behalf
may tender such seaman to the master or owner of the ship in which he
is engaged to serve, and if such master or owner, without assigning
reasons satisfactory to the Central Government or to such officer as
aforesaid, refuses to receive him on board, may require such master or
owner to deposit in the local shipping office—
• (i) the wages due to such seaman and his money and other property
• 207. Power to send on board seaman not shipped in India who is
undergoing imprisonment.―
• 208. On change of master, documents to be handed over to successor.
 Indian Merchant Shipping Act 1958
• 209. Transmission of documents on transfer of seaman from one ship to
another.
• 210. Leaving behind in India of seaman or apprentice engaged abroad.
―(1) The master of a ship shall not discharge at any place in India, a
seaman or apprentice engaged outside India unless he previously obtains
the sanction in writing of such officer as the Central Government
appoints in this behalf; but such sanction shall not be refused when the
seaman or apprentice is discharged on the termination of his service.
 Indian Merchant Shipping Act 1958
• 211. Deserters from foreign ships.―(1) Where it appears to the Central
Government that due facilities are or will be given by the Government of any
country outside India for recovering and apprehending seamen who desert
from Indian ships in that country, the Central Government may, by notification
in the Official Gazette, stating that such facilities are or will be given, declare
that this section shall apply to seamen belonging to ships of such country,
subject to such limitations or conditions as may be specified in the
notification.
Official logs
• 212. Official logs to be kept and to be dated. ―(1) An official log shall
• be kept in the prescribed form in every Indian ship except a home-trade ship
of less than two hundred tons gross.
 Indian Merchant Shipping Act 1958
• (2) The official log may, at the discretion of the master or owner, be kept
distinct from or united with the ordinary ship’s log so that in all cases the
spaces in the official long book be duly filled up.
• 213. Entries in official log books how and when to be made.―(1) An
entry required by this Act in the official log book shall be made as soon as
possible after the occurrence to which it relates, and, if not made on the
same day as that occurrence, shall be made and dated so as to show the
date of the occurrence and of the entry respecting it and if made in
respect of an occurrence happening before the arrival of the ship at her
final port of discharge, shall not be made more than twenty-four hours
after that arrival.
 Indian Merchant Shipping Act 1958
• (2) Save as otherwise provided in this Act, every entry in the official log
book shall be signed by the master and by the mate or some other
member of the crew and also—
• (a) if it is an entry of injury or death, shall be signed by the medical officer
on board, if any;
• (b) if it is an entry of wages due to or the property of a seaman or
apprentice who dies, shall be signed by the mate and by some member
of the crew besides the master.
• (3) Every entry made in an official log books, in the manner provided by
this Act shall be admissible in evidenced.
 Indian Merchant Shipping Act 1958
• 214. Entries required to be made in official log books. ―(1) The master
of a ship for which an official log is required shall enter or cause to be
entered in the official log book the following matters namely: ―
• (a) every conviction by a legal tribunal of a member of his crew and the
punishment inflicted;
• (b) every offence committed by a member of his crew for which it is
intended to prosecute or to enforce a forfeiture or exact a fine, together
with such statement concerning the reading over of that entry and
concerning the reply (if any) made to the charge as is by this Act required;
• (c) every offence for which punishment is inflicted on board and the
punishment inflicted;
 Indian Merchant Shipping Act 1958
• (d) a report on the quality of work of each member of his crew, or a
statement that the master declines to give an opinion thereon with
statement of his reasons for so declining;
• (e) every case of illness, hurt or injury happening to a member of the
crew with the nature thereof and the medical treatment adopted (if any);
• (f) every case of death happening on board and the cause thereof,
together with such particulars; as may be prescribed;
• (g) every birth happening on board, with the sex of the infant, the names
of the parents and such other particulars as may be prescribed;
• (h) every marriage faking place on board with the names and ages of the
parties;
 Indian Merchant Shipping Act 1958
• (i) the name of every seaman or apprentice who ceases to be a member
of the crew otherwise than by death, with the place, time, manner and
cause thereof;
• (j) the wages due to any seaman or apprentice who dies during the
voyage and the gross amount of all deductions to be made therefrom;
• (k) the money or other property taken over of any seaman or apprentice
who dies during the voyage;
• (l) any other matter which is to be or may be prescribed for entry in the
official log.
 Indian Merchant Shipping Act 1958
• (2) The master of every such ship, upon its arrival at any port in India or
at such other time and place as the Central Government may with
respect to any ship or class of ships direct, shall deliver or transmit, in
such form as the Director-General may specify, a return of the facts
recorded by him in respect of the birth of a child, or the death of a
person on board the ship to the Director-General.
• (3) (a) The Director-General shall send a certified copy of such of the
returns received by him under sub-section (2) as relate to citizens of
India, to such officer as may be specified in this behalf by the Central
Government; and such officer shall cause the same to be preserved in
such manner as may be specified in this behalf by the Central
Government.
 Indian Merchant Shipping Act 1958
• (b) Every such copy shall be deemed to be a certified copy of the entry
with respect to the person concerned, registered under any law in force
for the time being relating to the registration of births and deaths
• 215. Offences in respect of official logs. ―(1) An official log book shall be
kept in the manner required by this Act, and an entry directed by this Act
to be made therein shall be made at the time and in the manner directed
by this Act.
• (2) No person shall make or procure to be made or assist in making any
entry in any official log book in respect of any occurrence happening
previously to the arrival of the ship at her final port of discharge more
than twenty-four hours after such arrival.
 Indian Merchant Shipping Act 1958
• 216. Delivery of official logs to shipping masters. ―The master of every ship
for which an official log book is required to be kept under this Act shall, within
forty-eight hours after the ship's arrival at her final port of destination in India
or upon the discharge of the crew, whichever first happens, deliver the official
log book of the voyage to the shipping master before whom the crew is
discharged.
• 217. Official logs to be sent to shipping master in case of transfer of ship or
loss. ―(1) If for any reason the official log ceases to be required in respect of
an Indian ship, the master or owner of the ship shall, if the ship is then in India
within one month, and if she is elsewhere within six months, after the
cessation, deliver or transmit to the shipping master at the port to which the
ship belonged the official log book duly completed up to the time of cessation.
 Indian Merchant Shipping Act 1958
• (2) If a ship is lost or abandoned, the master or owner thereof shall, if
practicable and as soon as possible, deliver or transmit to the shipping
master at her port of registry the official log book, duly completed up to the
time of the loss or abandonment.
National Welfare Board for Seafarers
• 218. Functions of National Welfare Board for Seafarers. ―(1) The Central
Government may, by notification in the Official Gazette, constitute an
advisory board to be called the National Welfare Board for Seafarers
(hereinafter referred to as the Board) for the purpose of advising the
Central Government on the measures to be taken for promoting the welfare
of seamen (whether ashore or on board ship) generally and in particular the
following: —
 Indian Merchant Shipping Act 1958
• (a) the establishment of hostels or boarding and lodging houses for
seamen;
• (b) the establishment of clubs, canteens, libraries and other like
amenities for the benefit of seamen;
• (c) the establishment of hospitals for seamen or the provision of medical
treatment, for seamen;
• (d) the provision of educational and other facilities for seamen.
• (2) The Central Government may make rules providing for—
• (a) the composition of the Board and the term of office of members
thereof;
 Indian Merchant Shipping Act 1958
• (b) the procedure to be followed in the conduct of business by the Board
• (c) the travelling and other allowances payable to members of the Board;
• (d) the levy of fees payable by owners of ships at such rates as may be
prescribed (which may be at different rates for different classes of ships)
for the purpose of providing amenities to seamen and for taking other
measures for the welfare of seamen;
• (e) the procedure by which any such fees may be collected or recovered
and the manner in which the proceeds of such fees, after deduction of
the cost of collection, shall be utilised for the purpose specified in clause
(d).
 Indian Merchant Shipping Act 1958
• 218A. Power to make rules for purposes of Maritime Labour
Convention. ―(1) The Central Government may, having regard to the
provisions of the Maritime Labour Convention, and in consultation with
such organisations in India as the Central Government may, by order,
notify to be the most representative of the employers of seamen and of
seamen, make rules for carrying out the purposes of this Part. (2) In
particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely: ―
• (i) the hours of work and rest in a week under clause (cc) of sub-section
(2) of section 101;
 Indian Merchant Shipping Act 1958
• (ii) the entitlement for leave under clause (ff) of sub-section (2) of section
101;
• (iii) the period of night work under clause (b) of sub-section (2) of section
109;
• (iv) standards for the quantity and quality of food and drinking water,
including the catering standards that apply to food provided to the
seamen on ships, under sub-section (7) of section 168;
• (v) the qualifications of medical officer under clause (a) and the medical
facilities under clause (b) of sub-section (1) of section 173;
• (vi) the manner and form of certificate to be provided to ships under sub-
section (2) of section 176A;
 Indian Merchant Shipping Act 1958
• (vii) the manner of conducting inspection in a ship to verify possession of
the Maritime Labour Certificate and the Declaration of Maritime Labour
Compliance under sub-section (3) of section 176A;
• (viii) any other matter which may be or is to be prescribed relating to the
Maritime Labour Convention.]
INVESTIGATION
• 357. Definition of “coasts” -- In this part, the word “coasts” includes the
coasts of creeks and tidal rivers.
• 358. Shipping casualties and report thereof-- (1) For the purpose of
investigations and inquiries under this Part, a shipping casualty shall be
deemed to occur when--
 Indian Merchant Shipping Act 1958
• (a) on or near the costs of India, any ship is lost, abandoned, stranded or
materially damaged;
• (b) on or near the coasts of India, any ship causes loss or material
damage to any other ship;
• (c) any loss of life ensues by reason of any casualty happening to or on
board any ship on or near the coasts of India;
• (d) in any place, any such loss, abandonment, stranding, material damage
or casualty as above mentioned occurs to or on board any Indian ship,
and any competent witness thereof is found in India;
 Indian Merchant Shipping Act 1958
• (e) any Indian ship is lost or is supposed to have been lost, and any evidence
is obtainable in India as to the circumstances under which she proceeded to
sea or was last heard of.
• (2) In the cases mentioned in clauses (a), (b) and (c) of sub-section (1), the
master, pilot, harbour master or other person in charge of the ship, or
(where two ships are concerned) in charge of each ship at the time of the
shipping casualty, and in the cases mentioned in the clause (d) of sub-
section (1), where the master of the ship concerned or (except in the case
of a loss) where the ship concerned proceeds to any place in India from the
place where the shipping casualty has occurred, the master of the ship,
shall, on arriving in India, give immediate notice of the shipping casualty to
the officer appointed in this behalf by the Central Government.
 Indian Merchant Shipping Act 1958
• 359. Report of shipping casualties to Central Government-- (1) Wherever
any such officer as is referred to in sub-section (2) of section 358 receives
credible information that a shipping casualty has occurred, he shall
forthwith report in writing the information to the Central Government;
and may proceed to make a preliminary inquiry into the casualty.
• (2) An officer making a preliminary inquiry under sub-section (1) shall
send a report thereof to the Central Government or such other authority
as may be appointed by it in this behalf.
 Indian Merchant Shipping Act 1958
• 360. Application to court for formal investigation-- The officer appointed
under sub-section (2) of section 358, whether he has made a preliminary
inquiry or not, may, and, where the Central Government so directs, shall
make an application to a court empowered under section 361, requesting
it to make a formal investigation into any shipping casualty, and the court
shall thereupon make such investigation.
• 361. Court empowered to make formal investigation-- [A Judicial
Magistrate of the first class] specially empowered in this behalf by the
Central Government and a [Metropolitan Magistrate] shall have
jurisdiction to make formal investigations into shipping casualties under
this Part.
 Indian Merchant Shipping Act 1958
• 362. Power of court of investigation to inquire into charges against
masters, mates and engineers-- (1) Any court making a formal
investigation into a shipping casualty inquire into any charge of
incompetency or misconduct arising, in the course of the investigation,
against any master, mate or engineer, as well as into any charge of a
wrongful act or default on his part causing the shipping casualty.
• (2) In every case in which any such charge, whether of incompetency or
misconduct, or of a wrongful act or default, as aforesaid, arises against
any master, mate or engineer, in the course of an investigation, the court
shall before the commencement of the inquiry, cause to be furnished to
him a statement of the case upon which the inquiry has been directed.
 Indian Merchant Shipping Act 1958
• 363. Power of Central Government to direct inquiry into charges of
incompetency or misconduct–
• 364. Opportunity to be given to person to make defence-- For the purpose
of any inquiry under this Part into any charge against a master, mate or
engineer, the court may summon him to appear, and shall give him an
opportunity of making a defence either in person or otherwise.
• 365. Power of court as to evidence and regulation of proceedings—
• 366. Assessors-- (1) A court making a formal investigation shall constitute as
its assessors not less than two and not more than four persons, of whom
one shall be a person conversant with maritime affairs and the other or
others shall be conversant with either maritime or mercantile affairs.
 Indian Merchant Shipping Act 1958
• Provided that, where the investigation involves, or appears likely to
involve, any question as to the cancellation or suspension of the
certificate of a master, mate or engineer, two of the assessors shall be
persons having also experience in the merchant service.
• (2) The assessors shall attend during the investigation and deliver their
opinions in writing, to be recorded on the proceedings, but the exercise
of all powers conferred on the court by this Part or any other law for the
time being in force shall rest with the court.
• (3) The assessors shall be chosen from a list to be prepared from time to
time by the Central Government.
• 367. Power to arrest witnesses and enter ships--
 Indian Merchant Shipping Act 1958
• 368. Power to commit for trial and bind over witnesses-- Whenever, in the
course of any such investigation or inquiry, it appears that any person has
committed in India an offence punishable under any law in force in India, the
court making the investigation or inquiry may (subject to such rules consistent
with this Act as the High Court may from time to time make) cause him to be
arrested, or commit him or hold him to bail to take his trial before the proper
court, and may bind over any person to give evidence at the trial, and may, for
the purpose of this section exercise all its powers as a criminal court.
• 369. Report by court to Central Government-- (1) The court shall, in the case
of all investigations or inquiries under this Part, transmit to the Central
Government a full report of the conclusions at which it has arrived together
with the evidence.
 Indian Merchant Shipping Act 1958
• [(3) The Central Government shall, on receipt of the investigation report
from the court, cause it to be published in the Official Gazette.]
• 370. Powers of court as to certificate granted by the Central
Government-- (1) A certificate of a master, mate or engineer which has
been granted by the Central Government under this Act may be cancelled
or suspended--
• (a) by a court holding a formal investigation into a shipping casualty
under this Part if the court finds that the loss, stranding or abandonment
of, or damage to, any ship, or loss of life, has been caused by the
wrongful act or default of such master, mate or engineer;
 Indian Merchant Shipping Act 1958
• (b) by a court holding an inquiry under this Part into the conduct of the
master, mate or engineer if the court finds that he is incompetent or has
been guilty of any gross act of drunkenness, tyranny or other misconduct
or in a case of collision has failed to render such assistance or give such
information as is required by section 348.
• (2) At the conclusion of the investigation or inquiry, or as soon thereafter
as possible, the court shall state in open sitting the decision to which it
may have come with respect to the cancellation or suspension of any
certificate and, if suspension is ordered, the period for which the
certificate is suspended.
 Indian Merchant Shipping Act 1958
• (3) Where the court cancels or suspends a certificate, the court shall
forward it to the Central Government together with the report it is
required by this Part to transmit to it.
• 371. Power of court to censure master, mate or engineer-- Where it
appears to the court holding an investigation or inquiry that having
regard to the circumstances of the case an order of cancellation or
suspension under section 370 is not justified, the court may pass an order
censuring the master, mate or engineer in respect of his conduct.
 Indian Merchant Shipping Act 1958
• 372. Power of court to remove master and appoint new master-- (1) A
[judicial Magistrate of the first class] specially empowered in this behalf
by the Central Government or a [Metropolitan Magistrate], may remove
the master of any ship within his jurisdiction if the removal is shown to
his satisfaction to be necessary.
• (2) The removal may be made upon the application of the owner of any
ship or his agent, or of the consignee of the ship, or of any certificated
officer or of one third or more of the crew of the ship.
 Indian Merchant Shipping Act 1958
• (3) The [Judicial Magistrate of the first class or Metropolitan Magistrate,
as the case may be,] may appoint a new master instead of the one
removed, but where the owner, agent or consignee of the ship is within
his jurisdiction, such an appointment shall not be made without the
consent of that owner, agent or consignee.
• (4) The [Judicial Magistrate of the first class or Metropolitan Magistrate,
as the case may be,] may also make such order and require such security
in respect of the costs of the matter as he thinks fit. Marine Board
• 373. Convening of Marine Boards outside India-- Whenever--
 Indian Merchant Shipping Act 1958
• (a) a complaint is made to an Indian consular officer or a senior officer of
any ship of the Indian Navy in the vicinity (hereinafter referred to as naval
officer) by the master or any member of the crew of an Indian ship and
such complaint appears to the Indian consular officer or naval officer, as
the case may be, to require immediate investigation;
• 374. Constitution and procedure of Marine Board-- (1) A Marine Board
shall consist of the officer convening the Board and two other members.
• 375. Decisions of Marine Board to be by majority–
• 376. Powers of Marine Board-- (1) A Marine Board may, after
investigating and hearing the case--
 Indian Merchant Shipping Act 1958
• (a) if it is of opinion that the safety of an Indian ship or her cargo or crew
or the interest of the owner of an Indian Ship or of the owner of the
cargo thereof requires it, remove the master and appoint another
qualified person to act in his stead;
• (b) if it is of opinion that any master or officer of an Indian ship is
incompetent or has been guilty of any act of misconduct or in a case of
collision has failed to render such assistance or give such information as
is required by section 348 or that loss, abandonment or stranding of or
serious damage to any ship, or loss of life or serious injury to any person
has been caused by the wrongful act or default of any master or ship’s
officer of an Indian ship, suspend the certificate of that master or ship’s
officer for a stated period.
 Indian Merchant Shipping Act 1958
• Provided that no such certificate shall be suspended unless the master or
officer concerned has been furnished with a statement of the case in
respect of which investigation has been ordered and he has also been
given an opportunity of making a defence either in person or otherwise;
• (2) All orders made by a Marine Board shall, whenever practicable, be
entered in the official log book of the ship which is the subject of
investigation or on board which the casualty or occurrence or conduct
investigated took place, and be signed by the presiding officer of the
Board. Miscellaneous provisions relating to cancellation and suspension
of certificates.
 Indian Merchant Shipping Act 1958
• 377. Powers of Central Government to cancel, suspend, etc., certificate of
master, mate or engineer-- (1) Any certificate which has been granted by
the Central Government under this Act to any master, mate or engineer
may be cancelled or suspended for any specified period, by the Central
Government in the following cases, that is to say, --
• Provided that no order under this sub-section shall be passed by the
Central Government unless the person concerned has been given an
opportunity of making a representation against the order proposed.]
 Indian Merchant Shipping Act 1958
• 378. Delivery of Indian certificate cancelled or suspended--- A master or
ship’s officer who is the holder of a certificate issued under this Act shall, if
such certificate has been cancelled or suspended by the Central
Government or by a court or suspended by a Marine Board, deliver his
certificate to the Central Government, court or Marine Board on demand or
if it is not so demanded by the Central Government or court or Board, to
the Director-General.
• 379. Effect of cancellation or suspension of certificate-- The cancellation or
suspension of a certificate by the Central Government or by a court or the
suspension of a certificate by a Marine Board, shall--
• (a) if the certificate was issued under this Act, be effective everywhere and
in respect of all ships; and
 Indian Merchant Shipping Act 1958
• (b) if the certificate was issued outside India, be effective--
• (i) within India and the territorial waters of India, in respect of all ships;
and
• (ii) outside India, in respect of Indian ships only.
• 380. Suspended certificate not to be endorsed–
 Indian Merchant Shipping Act 1958
• 381. Power of Central Government to cancel or suspend other certificates--
Notwithstanding anything contained in this Act, the Central Government
may, at any time, without any formal investigation or inquiry, cancel or
suspend any certificate granted by it under this Act, other than a certificate
granted to a master, mate or engineer, if, in its opinion, the holder is, or has
become, unfit to act in the grade for which the certificate was granted to
him.
• Provided that no order under this section shall be passed by the Central
Government unless the person concerned has been given an opportunity of
making a representation against the order proposed. Re-hearing of cases
• 382. Re-hearing--
 Indian Merchant Shipping Act 1958
• 383. Constitution of court of survey-- (1) A court of survey of a port shall
consist of a judge sitting with two assessors.
• 384. Appeal from surveyor to court of survey-- (1) If a surveyor authorised
to inspect a ship--
• (a) makes a statement in his report of inspection with which the owner or
his agent or the master of the ship is dissatisfied, or
• (b) gives notice under this Act of any defect in any ship, or
• (c) declines to give any certificate under this Act,
• the owner, master on agent, as the case may be, may, subject to the
provisions of sub-section (2) and of section 387, appeal to a court of survey.
 Indian Merchant Shipping Act 1958
• (2) Whenever a surveyor inspects any ship, he shall, if the owner, master
or agent of the ship so requires, be accompanied on the inspection by
some person nominated by the owner, master or agent, as the case may
be, and if the person so nominated agrees with the surveyor as to the
statement made or the notice given by the surveyor or the refusal by the
surveyor of the refusal by the surveyor to give a certificate, there shall be
no appeal to a court of survey, from that statement, notice or refusal.
• 385. Powers and procedure of court of survey-- (1) The judge shall on
receiving notice of appeal or a reference from the Central Government
immediately summon the assessors to meet forthwith in the prescribed
manner.
 Indian Merchant Shipping Act 1958
• (4) The judge shall have the same powers as the Central Government has
to order the ship to be released or finally detained; but unless one of the
assessors concurs in an order for the detention of the ship, the ship shall
be released.
• (6) The judge shall report the proceedings of the court in each case to the
Central Government in the manner prescribed and each assessor shall
either sign such report or report to the Central Government the reasons
for his dissent.
• 386. Power to make rules–
• 387. Reference in difficult cases to scientific persons–
 Indian Merchant Shipping Act 1958
• 388. Power to investigate causes of explosion or fire on board ship--
• Whenever any explosion or fire occurs on board any ship on or near the
coasts of India, the Central Government may direct that an investigation
into the causes of explosion or fire be made by such person or persons as it
thinks fit.
• 389. Report to be made regarding cause of explosion or fire-- The person of
persons referred to in section 388 may go on board the ship on which the
explosion or fire has occurred with all necessary workmen and labourers,
and remove any portion of the ship, or of the machinery thereof, for the
purpose of the investigation, and shall report to the Central Government or
the person duly appointed by it, as the case may be, what in his or their
opinion was the cause of the explosion or fire.
 International Law of the Sea
• A Historical Perspective
• The oceans had long been subject to the freedom of-the-seas doctrine -
a principle put forth in the seventeenth century essentially limiting
national rights and jurisdiction over the oceans to a narrow belt of sea
surrounding a nation's coastline. The remainder of the seas was
proclaimed to be free to all and belonging to none. While this situation
prevailed into the twentieth century, by mid-century there was an
impetus to extend national claims over offshore resources.
 International Law of the Sea
• There was growing concern over the toll taken on coastal fish stocks by
long-distance fishing fleets and over the threat of pollution and wastes
from transport ships and oil tankers carrying noxious cargoes that plied
sea routes across the globe. The hazard of pollution was ever present,
threatening coastal resorts and all forms of ocean life. The navies of the
maritime powers were competing to maintain a presence across the
globe on the surface waters and even under the sea.
 International Law of the Sea
• A tangle of claims, spreading pollution, competing demands for
lucrative fish stocks in coastal waters and adjacent seas, growing
tension between coastal nations' rights to these resources and those of
distant-water fishermen, the prospects of a rich harvest of resources on
the sea floor, the increased presence of maritime powers and the
pressures of long-distance navigation and a seemingly outdated, if not
inherently conflicting, freedom-of-the-seas doctrine - all these were
threatening to transform the oceans into another arena for conflict and
instability.
 International Law of the Sea
• In 1945, President Harry S Truman, responding in part to pressure from
domestic oil interests, unilaterally extended United States jurisdiction
over all natural resources on that nation's continental shelf - oil, gas,
minerals, etc. This was the first major challenge to the freedom-of-the-
seas doctrine. Other nations soon followed suit.
• In October 1946, Argentina claimed its shelf and the epicontinental sea
above it. Chile and Peru in 1947, and Ecuador in 1950, asserted
sovereign rights over a 200-mile zone, hoping thereby to limit the
access of distant-water fishing fleets and to control the depletion of fish
stocks in their adjacent seas.
 International Law of the Sea
• Soon after the Second World War, Egypt, Ethiopia, Saudi Arabia, Libya,
Venezuela and some Eastern European countries laid claim to a 12-mile
territorial sea, thus clearly departing from the traditional three-mile
limit.
• Later, the archipelagic nation of Indonesia asserted the right to
dominion over the water that separated its 13,000 islands. The
Philippines did likewise. In 1970, Canada asserted the right to regulate
navigation in an area extending for 100 miles from its shores in order to
protect Arctic water against pollution.
 International Law of the Sea
• The United Nations Convention on the Law of the Sea lays down a
comprehensive regime of law and order in the world's oceans and seas
establishing rules governing all uses of the oceans and their resources. It
enshrines the notion that all problems of ocean space are closely
interrelated and need to be addressed as a whole.
• The Convention was opened for signature on 10 December 1982 in
Montego Bay, Jamaica. This marked the culmination of more than 14
years of work involving participation by more than 150 countries
representing all regions of the world, all legal and political systems and
the spectrum of socio/economic development.
 International Law of the Sea
• At the time of its adoption, the Convention embodied in one instrument
traditional rules for the uses of the oceans and at the same time
introduced new legal concepts and regimes and addressed new
concerns. The Convention also provided the framework for further
development of specific areas of the law of the sea.
• The Convention entered into force in accordance with its article 308 on
16 November 1994, 12 months after the date of deposit of the sixtieth
instrument of ratification or accession. Today, it is the globally recognized
regime dealing with all matters relating to the law of the sea.
 International Law of the Sea
• The Convention (full text) comprises 320 articles and nine annexes,
governing all aspects of ocean space, such as delimitation, environmental
control, marine scientific research, economic and commercial activities,
transfer of technology and the settlement of disputes relating to ocean
matters.
• Some of the key features of the Convention are the following:
• * Coastal States exercise sovereignty over their territorial sea which they
have the right to establish its breadth up to a limit not to exceed 12
nautical miles; foreign vessels are allowed "innocent passage" through
those waters;
 International Law of the Sea
• * Ships and aircraft of all countries are allowed "transit passage" through
straits used for international navigation; States bordering the straits can
regulate navigational and other aspects of passage;
• * Archipelagic States, made up of a group or groups of closely related
islands and interconnecting waters, have sovereignty over a sea area
enclosed by straight lines drawn between the outermost points of the
islands; the waters between the islands are declared archipelagic waters
where States may establish sea lanes and air routes in which all other
States enjoy the right of archipelagic passage through such designated
sea lanes;
 International Law of the Sea
• * Coastal States have sovereign rights in a 200-nautical mile exclusive
economic zone (EEZ) with respect to natural resources and certain
economic activities, and exercise jurisdiction over marine science
research and environmental protection;
• * All other States have freedom of navigation and overflight in the EEZ,
as well as freedom to lay submarine cables and pipelines;
• * Land-locked and geographically disadvantaged States have the right to
participate on an equitable basis in exploitation of an appropriate part of
the surplus of the living resources of the EEZ's of coastal States of the
same region or sub-region; highly migratory species of fish and marine
mammals are accorded special protection;
 International Law of the Sea
• * Coastal States have sovereign rights over the continental shelf (the
national area of the seabed) for exploring and exploiting it; the shelf can
extend at least 200 nautical miles from the shore, and more under
specified circumstances;
• * Coastal States share with the international community part of the
revenue derived from exploiting resources from any part of their shelf
beyond 200 miles;
• * The Commission on the Limits of the Continental Shelf shall make
recommendations to States on the shelf's outer boundaries when it
extends beyond 200 miles;
 International Law of the Sea
• * All States enjoy the traditional freedoms of navigation, overflight,
scientific research and fishing on the high seas; they are obliged to
adopt, or cooperate with other States in adopting, measures to manage
and conserve living resources;
• * The limits of the territorial sea, the exclusive economic zone and
continental shelf of islands are determined in accordance with rules
applicable to land territory, but rocks which could not sustain human
habitation or economic life of their own would have no economic zone or
continental shelf;
 International Law of the Sea
• * States bordering enclosed or semi-enclosed seas are expected to
cooperate in managing living resources, environmental and research
policies and activities;
• * Land-locked States have the right of access to and from the sea and
enjoy freedom of transit through the territory of transit States;
• * States are bound to prevent and control marine pollution and are liable
for damage caused by violation of their international obligations to
combat such pollution;
 International Law of the Sea
• * All marine scientific research in the EEZ and on the continental shelf is
subject to the consent of the coastal State, but in most cases they are
obliged to grant consent to other States when the research is to be
conducted for peaceful purposes and fulfils specified criteria;
• * States are bound to promote the development and transfer of marine
technology "on fair and reasonable terms and conditions", with proper
regard for all legitimate interests;
• * States Parties are obliged to settle by peaceful means their disputes
concerning the interpretation or application of the Convention;
 International Law of the Sea
• * Disputes can be submitted to the International Tribunal for the Law of
the Sea established under the Convention, to the International Court of
Justice, or to arbitration. Conciliation is also available and, in certain
circumstances, submission to it would be compulsory. The Tribunal has
exclusive jurisdiction over deep seabed mining disputes.
 International Law of the Sea
• Baseline – Normally, the baseline from
which the territorial sea is measured is
the low water line along the coast as
marked on large scale charts officially
recognized by the coastal state. This may
be either a low water mark closest to the
shore or alternately it may be unlimited
distance from permanently exposed land
provided some portion of elevation is
exposed during low tide but covered
during high time within 12 nautical miles.
International Law of the Sea
 International Law of the Sea
• Internal Waters – The
waters from shore to
the base line from
which territorial sea is
measured.
 International Law of the Sea
• Territorial Sea –Every state has a right to establish the breadth of its
territorial sea up to a limit not exceeding 12 miles from the base lines.
• Contiguous Zone – The contiguous zone may not extend beyond 24
nautical miles from the base lines from which the breadth of the
territorial sea is measured. In the contiguous zone the coastal state may
exercise control necessary to –
• Prevent infringement of its customs, fiscal, immigration or sanitary laws
and regulations within its territory or its territorial sea; and
• Punish infringement of the above laws and regulations committed within its
territory or its territorial sea.
 International Law of the Sea
• Continental Shelf – consists of the seabed and subsoil of submarine
areas that extend beyond the territorial sea throughout the natural
prolongation of its land territory to the outer edge of the continental
margin or to a distance of 200 N Miles. In case the continental margin
exceeds 200 N Miles to a maximum distance of 350 Nautical miles
• Exclusive Economic Zone – Extends 200 nautical miles beyond the base
line of the territorial sea. It includes the territorial sea and contiguous
zone. A coastal nation has control of all economic resources within its
exclusive economic zone.
 International Law of the Sea
• High Seas – all parts not included in EEZ, Territorial waters, Internal waters
and Archipelagic waters are open to all states whether coastal or landlocked.
• Hot Pursuit – Coastal state have a right to Hot Pursuit with regard to a fleeing
foreign ship after violation of laws and regulations of the coastal state. Good
reason for violation and moving away after receiving visual and auditory
signals are necessary conditions for hot pursuit. The right starts when the
ship is within territorial waters or contiguous zone of the state and it comes
to an end after the ship enters territorial waters of its own country or third
state. Hot pursuit has to be continuous in one time operation. When hot
pursuit is unjustified, compensation must be made for any loss or damage
suffered by the victim of hot pursuit.
 International Law of the Sea
• Freedoms in various zones Freedom of navigation, overflight lay
submarine cables, construct islands and scientific research

Nationality of Ships, Duties of Flag states and Flag State Control

• Every state shall fix the conditions for the nationality of ships, for
registration of ships in their territory, and for the right to fly its flag. Ships
have the nationality of the state whose flag they are entitled to fly. There
must exist a genuine link between the state and the ship.
• Every state shall issue to the ships to which it has granted the right to fly
its flag documents to that effect.
 International Law of the Sea
Duties of flag state:
• 1. Every flag state shall effectively exercise its jurisdiction and control in
administrative, technical and social matters over ships flying its flag.
• 2. In particular every state shall:
• Maintain a register of ships containing names and particulars of ships flying
its flag, except those which are excluded from generally accepted
International regulations on account of their size; and
• Assume jurisdiction under its internal law over each ship flying its flag and
its master, officers and crew in respect of administrative, technical and
social matters concerning the ship.
 International Law of the Sea
Flag state control
• Every ship shall take such measures for ships flying its flag as are
necessary to ensure safety at sea with regard to: -
• The construction, equipment and seaworthiness of the ship
• The manning of the ship, the labour conditions and the training of crew
taking into account the applicable International instruments; and
• The use of signals, maintenance of communication and prevention of
collision.
• Such measures shall include those necessary to ensure:
 International Law of the Sea
• That each ship before registration and thereafter at appropriate intervals is
surveyed by a qualified surveyor of ships, and has on board charts, nautical
publications and navigational equipment and instruments as are
appropriate for the safe navigation of the ship
• That the ship is in charge of a master and officers who possess appropriate
qualifications, in particular in communications and marine engineering, and
the crew is appropriate in qualification and number for the type, size
machinery and equipment of the ship.
 International Law of the Sea
• That the master, officers and to the extent the appropriate crew are fully
conversant with and required to observe the applicable international
regulations concerning the safety of life at sea, the preventing of collision,
reduction and control of marine pollution and the maintenance of
communication by radio

Responsibilities of coastal states,

• The coastal state shall not hamper the innocent passage of foreign ships
through their territorial sea except in accordance with this convention.
 International Law of the Sea
The coastal state shall not
• Impose requirements on foreign ships which have the practical effect of
denying or impairing the right of innocent passage; or
• Discriminate in form or in fact against the ships in any state or against
ships carrying cargoes to, from or on behalf of any state.
• The coastal state shall give appropriate publicity to any danger to
navigation of which it has knowledge within its territorial waters.
• The coastal state shall take necessary steps in its territorial sea to prevent
the passage which is not innocent.
 International Law of the Sea
Methods of Settlement of Disputes
• State parties shall settle any dispute between them concerning the
interpretation or application of this convention by peaceful means.
• It shall be settled by mutual agreement between the states.
• It shall be settled by Conciliation – The parties may invite other parties to
submit dispute conciliation.
• It can be taken up with the International Tribunal for the law of the sea.
• It can be taken up with the International court of Justice.
• It can be taken up with an arbitral tribunal
 International Law of the Sea
• The International Tribunal for the Law of the Sea (ITLOS) is an
international organization created by the mandate of the Third United
Nations conference on the Law of the Sea. It was established by the
United Nations Convention on the Law of the Sea, signed at Montego
Bay, Jamaica, on December 10, 1982. The Convention entered into force
on November 16, 1994 and established an International framework for
the law over “all ocean space, its uses and resources.” The tribunal is
based in Hamburg, Germany. The convention also established the
International Seabed Authority, with responsibility for the regulation of
seabed mining beyond the limits of national jurisdiction that is beyond
the limits of the territorial sea, the contiguous zone and continental shelf.
 International Law of the Sea
• According to its founding statue, the Tribunal has a set of 21 serving
judges from a variety of state parties.
• Article 1 (4) of the 1982 United Nations Convention on the Law of the
Seas (UNCLOS) defines"pollution of the marine environment" means the
introduction by man, directly or indirectly, of substances or energy into
the marine environment, including estuaries, which results or is likely to
result in such deleterious effects as harm to living resources and marine
life, hazards to human health, hindrance to marine activities, including
fishing and other legitimate uses of the sea, impairment of quality for use
of sea water and reduction of amenities;
 International Law of the Sea
Duties of states towards environmental protection
• States have an obligation to protect and preserve the marine environment,
and for that, the state shall take individually or jointly as appropriate, all
measures consistent with this convention that are necessary to prevent.
reduce and control pollution of the marine environment from any source,
using for this purpose the best practical means at their disposal and in
accordance with their capabilities and they shall endeavour to harmonize
their policies in this connection. Further states shall have to prevent
pollution from installations and devices used in exploration of the natural
resources of the sea bed and the subsoil, pollution arising from incidents or
activities under their jurisdiction or control of pollution from vessels
 International Law of the Sea
• The definition of the crime of piracy is contained in article 101 of
UNCLOS, which reads as follows:
• ''Piracy consists of any of the following acts:
• (a) any illegal acts of violence or detention, or any act of depredation,
committed for private ends by the crew or the passengers of a private ship
or a private aircraft, and directed:
• (i) on the high seas, against another ship or aircraft, or against persons or
property on board such ship or aircraft;
• (ii) against a ship, aircraft, persons or property in a place outside the
jurisdiction of any State;
 International Law of the Sea
• (b) any act of voluntary participation in the operation of a ship or of an aircraft with
knowledge of facts making it a pirate ship or aircraft;
• (c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or
(b).''
Defining Armed Robbery against ships
• Resolution A.1025(26) (Annex, paragraph 2.2) on IMO's Code of Practice for the
Investigation of the Crimes of Piracy and Armed Robbery Against Ships, determines
that armed robbery against ships consists of any of the following acts:
• (a) any illegal act of violence or detention or any act of depredation, or threat thereof,
other than an act of piracy, committed for private ends and directed against a ship or against
persons or property on board such a ship, within a State's internal waters, archipelagic
waters and territorial sea;
• (b) any act of inciting or of intentionally facilitating an act described above."
 International Law of the Sea
Duties of states to suppress piracy
• UNCLOS provides that all States have an obligation to cooperate to the
fullest possible extent in the repression of piracy and have universal
jurisdiction on the high seas to seize pirate ships and aircraft, or a ship or
aircraft taken by piracy and under the control of pirates, and arrest the
persons and seize the property on board. Article 110, inter alia, also
allows States to exercise a right of visit vis-à-vis ships suspected of being
engaged in piracy.
 Maritime Labour Convention and
Maritime Safety
STCW
• International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), 1978 was the first internationally-
agreed Convention to address the issue of minimum standards of
competence for seafarers. In 1995 the STCW Convention was completely
revised and updated to clarify the standards of competence required and
provide effective mechanisms for enforcement of its provisions.
• The International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers (STCW), 1978, as amended, sets the
standards of competence for seafarers internationally.
 Maritime Labour Convention and
Maritime Safety
• This convention does not deal with manning level on ships. It only deals
with competency level.
• There are 8 chapters
• Chapter I – General Provisions: Includes a list of definitions of terms used
in the annex. Regulation I/2 deals with the content of the certificate and
endorsement form. All certificates must include a translation into English,
if that is not the official language of the issuing country.
 Maritime Labour Convention and
Maritime Safety
• Chapter II – Master – deck department- The regulations include
mandatory minimum requirements for certificating masters and chief
mates; for certification of officers in charge of a navigational watch; and
for certification of deck ratings forming part of a navigational watch. The
regulations also include basic principles to be observed in keeping watch
in port and mandatory minimum requirements for a watch in port on
ships carrying hazardous cargo.
 Maritime Labour Convention and
Maritime Safety
• Chapter III – Engine Department - Includes basic principles to be observed in
keeping an engineering watch; mandatory minimum requirements for
certification of chief engineer officers and second engineer officers; mandatory
minimum requirements for certification of engineer officers in charge of a
watch in a traditionally manned engine room or designated duty officers in a
periodically unmanned engine room; requirements to ensure the continued
proficiency and updating of knowledge for engineer officers; mandatory
minimum requirements for ratings forming part of an engine room watch.

Chapter IV – Radio Department – Chapter IV and the associated sections of the

STCW Code, address qualifications for radio operators, and those who perform
radio duties on seagoing ships relating to the function of radio communications.
 Maritime Labour Convention and
Maritime Safety
• Chapter V – Special training for personal on certain types of ships :
Special requirements were introduced concerning the training and
qualifications of personnel on board ro-ro passenger ships. Previously the
only special requirements in the Convention concerned crews on tankers.
This change was made in response to proposals made by the Panel of
Experts set up to look into ro-ro safety following the capsize and sinking
of the ferry Estonia in September 1994. Crews on ro-ro ferries have to
receive training in technical aspects and also in crowd and crisis
management and human behaviour.
 Maritime Labour Convention and
Maritime Safety
• Chapter VI – Emergency, occupational safety, medical care and survival
functions : The Chapter incorporates the previous Chapter VI: Proficiency
in survival craft and includes mandatory minimum requirements for
familiarization, basic safety training and instruction for all seafarers;
mandatory minimum requirements for the issue of certificates of
proficiency in survival craft, rescue boats and fast rescue boats;
mandatory minimum requirements for training in advanced firefighting;
and mandatory minimum requirements relating to medical first aid and
medical care.
 Maritime Labour Convention and
Maritime Safety
• Chapter VII: Alternative certification : Regulations regarding alternative
certification (also known as the functional approach) are included in a
new Chapter VII. This involves enabling crews to gain training and
certification in various departments of seafaring rather than being
confined to one branch (such as deck or engine room) for their entire
career
•
Chapter VIII: Watch keeping : Measures were introduced for watch
keeping personnel to prevent fatigue.
 Maritime Labour Convention and
Maritime Safety
The STCW Code
• The regulations contained in the Convention are supported by sections in
the STCW Code. Generally speaking, the Convention contains basic
requirements which are then enlarged upon and explained in the Code.

Part A of the Code is mandatory. The minimum standards of competence

required for seagoing personnel are given in detail in a series of tables.
Chapter II of the Code, for example, deals with standards regarding the
master and deck department.
 Maritime Labour Convention and
Maritime Safety
• Part B of the Code contains recommended guidance which is intended to
help Parties implement the Convention. The measures suggested are not
mandatory and the examples given are only intended to illustrate how
certain Convention requirements may be complied with. However, the
recommendations in general represent an approach that has been
harmonized by discussions within IMO and consultation with other
international organizations.
 Maritime Labour Convention and
Maritime Safety
• White List – If a flag state is complying with the conventions, on the basis
of documentary evidence and inspection, IMO will put that state on
white list. If a flag state is on the white list, it will be easier for another
flag state to recognize the certificate issued.
• It is expected that ships flying flags of countries that are not on the White
List will be increasingly targeted by Port State Control inspectors. A Flag
state Party that is on the White List may, as a matter of policy, elect not to
accept seafarers with certificates issued by non-White List countries for
service on its ships.
 Maritime Labour Convention and
Maritime Safety
Definitions
• Master means a person having command of a ship
• Officer means member of the crew other than Master designated as such
by National law.
• Deck officer” means an officer qualified in accordance with the provisions
of chapter II of the convention
• “Chief mate” means the officer next in rank to the master and upon
whom the command of the ship will fall in the event of the incapacity of
the master;
 Maritime Labour Convention and
Maritime Safety
• “Chief engineer officer” means the senior engineer officer responsible for
the mechanical propulsion and the operation and maintenance of
mechanical, electrical and allied installations of the ship;
• “Engineer Officer” means an officer qualified in accordance with the
provisions of chapter III of the convention.
• “Second Engineer Officer” means the engineer officer next in rank to the
chief engineer officer and upon whom the responsibility for the
mechanical propulsion and the operation and maintenance of
mechanical, electrical and allied installations of the ship will fall in the
event of the incapacity of the chief engineer officer;
 Maritime Labour Convention and
Maritime Safety
• Assistant engineer officer means a person under training to become an
engineer officer and designated as such by national law or regulations
• Radio operator means a person holding an appropriate certificate issued
or recognized by the Administration under the provisions of the Radio
Regulations.
• GMDSS Radio operator means a person who is qualified in accordance
with the provisions of chapter IV of the convention
• Rating means a member of the ship’s crew other than the master or the
officer.
 Maritime Labour Convention and
Maritime Safety
• Near coastal voyage means the coastal trade or voyages from any port or
place in Bangladesh, India, Maldives, Myanmar and Sri Lanka to any other
port or place in these countries or Near-coastal voyages, in the vicinity of
a State Party to the STCW Convention as defined by that Maritime
Administration.
• “Security duties” include all security tasks and duties on board ships as
defined by chapter XI-2 of the International Convention for the Safety of
Life at Sea (SOLAS 1974, as amended) and the International Ship and Port
Facility Security (ISPS) Code
 Maritime Labour Convention and
Maritime Safety
• “Ship Security Officer” means the person on board the ship, accountable
to the master, designated by the company as responsible for the security
of the ship including implementation and maintenance of the ship
security plan and liaison with the company security officer and port
facility security officers;
•
• Seagoing service: Service on board a ship relevant to the issue of a
certificate or other qualification. For example, one of the requirements to
qualify as a rating forming part of a navigational watch is to have
approved seagoing service, including not less than six months’ training
and experience.
 Maritime Labour Convention and
Maritime Safety
• Seagoing ship: A ship navigating in areas not close to inland or sheltered
waters or where port regulations apply.
•
• “Structured Shipboard Training Programme” means an on-board training
programme to ensure that the quality of approved seagoing service is
planned and monitored by the company, supervised by the master and
documented in an approved training record book.
• Officer in charge of Navigation Watch (Second Mate of a Foreign-going
Ship)
• First Mate of a Foreign-going Ship;
 Maritime Labour Convention and
Maritime Safety
• Master of a Foreign-going Ship;
• Extra Master; (Only in India)
• Marine Engineer Officer Class IV
• Marine Engineer Officer Class II
• Marine Engineer Officer Class I
• Extra First Class Engineer (Only in India)
• Electro Technical Officer
• Marine Engineer Officer Class III (Second Engineer Officer limited to 3000
KW)
• Marine Engineer Officer Class III (Chief Engineer Officer limited to
3000 KW)
 Maritime Labour Convention and
Maritime Safety
• Marine Engineer Officer Class IV Near Coastal Voyages
•
• Global Maritime Distress and Safety System Radio Operator (This
competency is included for deck officer certificate) A person with only
GMDSS certificate can work as radio operator.
• Explanation – GMDSS competency is included in Second Mate, First Mate
and Master’s Certificate of competency.
 Maritime Labour Convention and
Maritime Safety
• Certificates of proficiency are certificates that show proficiency in certain
training, such as Basic Training or training for tankers.
• A Certificate of proficiency may be issued for:
• (i) Rating forming part of a navigational watch;
• (ii) Able Seafarer Deck;
• (iii) Rating forming part of a engine room watch;
• (iv) Able Seafarer Engine;
• (v) Electro Technical Rating;
• (vi) Officer on oil tanker;
 Maritime Labour Convention and
Maritime Safety
• (vii) Officer on chemical tanker
• (viii) Officer on liquefied gas tanker;
• (ix) Rating on oil tanker;
• (x) Rating on chemical tanker;
• (xi) Rating on liquefied gas tanker;
• (xii) Personal survival techniques;
• (xiii) Fire prevention and firefighting;
• (xiv) Elementary first aid;
• (xv) Personal safety and social responsibilities;
 Maritime Labour Convention and
Maritime Safety
• (xvi) Proficiency in survival craft and rescue boats other than fast rescue
boats; associated
• (xvii) Proficiency in fast rescue boats;
• (xviii) Advanced firefighting;
• (xix) Medical First Aid;
• (xx) Medical care;
• (xxi) Security awareness training;
• (xxii) Seafarers with designated security duties; and
• (xxiii)Ship security officer;
 Maritime Labour Convention and
Maritime Safety

If you hold an Indian certificate of competency and

work on a foreign flag vessel, your certificate must
be endorsed for recognition by that flag state.
 Maritime Labour Convention and
Maritime Safety
• The competence of certificates is of three levels
• Support level means the level of responsibility associated with
performing assigned tasks duties or responsibilities on board a sea going
ship under the direction of an individual serving in the operational or
management level.
• Operational level means – the level of responsibility associated with:
• Serving as officer in charge of Navigational or Engineering watch or as
designated as duty engineer for periodically unmanned machinery spaces
or a radio operator on board a sea gong ship, and
 Maritime Labour Convention and
Maritime Safety
• Maintain direct control over the performance of all functions within the
designated area of responsibility in accordance with the proper
procedures and under direction of an individual serving in the
management level for the area of responsibility.
•
• Management level means the level of responsibility associated with
• Serving as master, chief mate, chief engineer or second engineer officer
on board a sea gong ship, and
• Ensuring that all functions within the designated area of responsibility are
properly performed.
 Maritime Labour Convention and
Maritime Safety
• Functions on deck department • Function in Engineering
• Function I- Navigation Department
• Function II – Cargo handling and • Function I – Marine Engineering
stowage • Function II – Electrical, Electronic
and control engineering
• Function III- Maintenance and • Function III- Maintenance and
repair repair
• Function IV – Controlling • Function IV- Controlling
operation of the ship and care of operations of ship and care of
persons on board persons on board.
 Maritime Labour Convention and
Maritime Safety
• Certificate of competence: A certificate issued and endorsed by the
administration, for masters, officer and GMDSS radio operators in
accordance with the provisions of chapters II, III, IV or VII and entitles the
lawful holder thereof to serve in the capacity and perform the functions
involved at the level of responsibility specified.
• Documentation, other than a certification of competency or certificate of
proficiency used to establish that the relevant requirements of the
convention have been met.
 Maritime Labour Convention and
Maritime Safety
• Endorsement: A document issued to masters and officers, either as part
of the certificate or as a separate document. This attests (endorses) that
the national certificate has been issued in accordance with all STCW
requirements
 Maritime Labour Convention and
Maritime Safety
SOLAS
• The International Convention for the Safety of Life at Sea (SOLAS), 1974
describes the requirement for all merchant ship of any flag state to comply
with the minimum safety norms laid down in the chapters which are as
follows:
• Chapter I – General Provisions: Surveys and certification of all the safety
items etc, application and definitions are included.
• Chapter II-1 – Construction – Subdivision and stability, machinery and
electrical installations: Part A of Chapter II-1 deals with coating in DB tanks
of bulk carriers, access in bulk carriers and tankers, towing and mooring
equipment and goal based standard.
 Maritime Labour Convention and
Maritime Safety
• Part B of the chapter deals sub division and stability of passenger ships
• Part C of the chapter deals with machinery installation of passenger ships
and cargo ships.
• Part D of the chapter deals with electrical installations.
• Part E of the chapter deals with periodically unattended machinery
• Part F deals with alternate design and arrangement
• Part G deals with Low flash point fuels
• Deals with water tight integrity of the ship, especially for passenger
vessel.
 Maritime Labour Convention and
Maritime Safety
• Chapter II-2 – Fire protection, fire detection and fire extinction: This
chapter elaborates the means and measure for fire protection in
accommodation, cargo spaces and engine room for passenger, cargo and
tanker ship, Helicopter facilities and carriage of dangerous goods.
Casualty threshold, safe return to port and safe areas by passenger ships.
• Chapter III – Life-saving appliances and arrangements: All the lifesaving
appliances and there use in different situations is described for passenger
ships and cargo ships.
• Chapter IV – Radio communications: Includes requirements of GMDSS,
equipment to be carried in various areas for all ships. It also deals with
maintenance requirement and position updating.
 Maritime Labour Convention and
Maritime Safety
• Chapter V – Safety of navigation: This chapter deals with Navigational
equipment, charts and publications, ship routeing, vessel traffic services,
steering gear drill, information required in danger messages and distress
situation obligation and procedures.
• Chapter VI – Carriage of Cargoes: This chapter defines storage and
securing of different types of cargo and containers, carriage of bulk cargo
and grain
• Chapter VII – Carriage of dangerous goods: Part A – Carriage of
Dangerous goods in packed form.
• Part B – Carriage of dangerous goods in solid form in bulk
 Maritime Labour Convention and
Maritime Safety
• Part C- Construction and equipment of ships carrying dangerous liquid
chemicals in bulk
• Part D - Construction and equipment of ships carrying liquefied gases in bulk
• Part E – Special requirement for carriage of nuclear fuel and radio active
waste
• Chapter VIII – Nuclear ships: The code of safety for nuclear propelled ship is
stated in this chapter.
• Chapter IX – Management for the Safe Operation of Ships: The International
Safety Management code for ship owner and operator is described clearly.
 Maritime Labour Convention and
Maritime Safety
• Chapter X – Safety measures for high-speed craft: safety code for high
speed craft is explained.
• Chapter XI-1– Safety Measures to enhance maritime safety – Enhanced
survey, port state control, investigation for maritime casualties and
incidents
• Chapter XI-2 Special measures to enhance maritime security – Deals
with ISPS Code
• Chapter XII – Additional safety measures for bulk carriers: Includes
safety requirement for above 150 meters length bulk carrier.
 Maritime Labour Convention and
Maritime Safety
• Chapter XIII – Verification of Compliance – Dealing with periodic Audits
• Chapter IV – Safety Measures for ships operating in polar waters
 Maritime Labour Convention and
Maritime Safety
LOADLINE CONVENTION
• Adoption: 5 April 1966; Entry into force: 21 July 1968
• It has long been recognized that limitations on the draught to which a ship
may be loaded make a significant contribution to her safety. These limits are
given in the form of freeboards, which constitute, besides external weather
tight and watertight integrity, the main objective of the Convention.
• Load line convention applies to ships of more than 24 meters in length.
• Not all ships of more than 24 meters in length need to comply with loadline
convention. There are some exemptions to it which are detailed in article 6
of the loadline convention.
 Maritime Labour Convention and
Maritime Safety
Article 6 - Exemptions
• (1). Ships when engaged on international voyages between the near
neighbouring ports of two or more States may be exempted by the
Administration from the provisions of the present Convention, so long as
they shall remain engaged on such voyages, if the Governments of the
States in which such ports are situated shall be satisfied that the
sheltered nature or conditions of such voyages between such ports make
it unreasonable or impracticable to apply the provisions of the present
Convention to ships engaged on such voyages.
 Maritime Labour Convention and
Maritime Safety
• (2). The Administration may exempt any ship which embodies features of
a novel kind from any of the provisions of this Convention the application
of which might seriously impede research into the development of such
features and their incorporation in ships engaged on international
voyages. Any such ship shall, however, comply with safety requirements,
which, in the opinion of that Administration, are adequate for the service
for which it is intended and are such as to ensure the overall safety of the
ship and which are acceptable to the Governments of the States to be
visited by the ship.
 Maritime Labour Convention and
Maritime Safety
• (3). The Administration which allows any exemption under paragraphs (1)
and (2) of this Article shall communicate to the Inter-Governmental
Maritime Consultative Organization (hereinafter called the Organization)
particulars of the same and reasons therefore which the Organization
shall circulate to the Contracting Governments for their information.
• (4). A ship which is not normally engaged on international voyages but
which, in exceptional circumstances, is required to undertake a single
international voyage may be exempted by the Administration from any of
the requirements of the present Convention, provided that it complies
with safety requirements which, in the opinion of that Administration,
are adequate for the voyage which is to be undertaken by the ship.
 Maritime Labour Convention and
Maritime Safety
• When exemptions to any ships is allowed as per article 6 of the loadline
convention, the vessel is provided with a "Loadline Exemption Certificate".

• The first International Convention on Load Lines, adopted in 1930, was

based on the principle of reserve buoyancy, although it was recognized then
that the freeboard should also ensure adequate stability and avoid
excessive stress on the ship's hull as a result of overloading.
• In the 1966 Load Lines convention, adopted by IMO, provisions are made
for determining the freeboard of ships by subdivision and damage stability
calculations.
 Maritime Labour Convention and
Maritime Safety
• The regulations take into account the potential hazards present in
different zones and different seasons. The technical annex contains
several additional safety measures concerning doors, freeing ports,
hatchways and other items. The main purpose of these measures is to
ensure the watertight integrity of ships' hulls below the freeboard deck.
• All assigned load lines must be marked amidships on each side of the
ship, together with the deck line. Ships intended for the carriage of
timber deck cargo are assigned a smaller freeboard as the deck cargo
provides protection against the impact of waves
 Maritime Labour Convention and
Maritime Safety
• The Convention includes three annexes.
• Annex I is divided into four Chapters:
• Chapter I - General;
• Chapter II - Conditions of assignment of freeboard;
• Chapter III - Freeboards;
• Chapter IV - Special requirements for ships assigned timber freeboards.
• Annex II covers Zones, areas and seasonal periods.
Annex III contains certificates, including the International Load Line
Certificate.
 Maritime Labour Convention and
Maritime Safety
• Various amendments were adopted in 1971, 1975, 1979, and 1983 but they
required positive acceptance by two-thirds of Parties and never came into force.
• The 1988 Protocol, adopted in November 1988, entered into force on 3 February
2000.

• What is the validity of the Loadlines Certificate?

• 5 years from the date of completion of the initial or renewal survey, subject to
annual surveys. Under the Harmonized System of Survey and Certification it may
be extended for up to three months (or for ships on short voyages, for a period of
grace of one month) in order that the renewal survey can be carried out.
 Maritime Labour Convention and
Maritime Safety
• In what circumstances will an Administration cancel an International
Load Line Certificate?
• When material alterations have been made in the hull or structural
strength such as would necessitate assignment of an increased freeboard;
• when fittings and appliances are not maintained in an effective condition;
• when the certificate is not endorsed to show the vessel has been inspected
in annual surveys (or periodical inspections); or
• when the structural strength of the vessel is lowered to such an extent that
she is unsafe.
 Maritime Labour Convention and
Maritime Safety

• State the control to which ships holding an International Load Line

Certificate (1966) are subject when in the ports of other Contracting
Governments

• State that the International Load Line Certificate (1966) will not be
delivered to a ship until the surveyor has certified that the marks are
correctly and permanently indicated on the ship’s sides
 Maritime Labour Convention and
Maritime Safety
• International Safety Management Code (ISM Code) is the International
Management Code for the Safe Operation of Ships and Pollution
Prevention, as adopted by the IMO assembly. Adopted in November
1993, the ISM Code came into force in July 1998. It is part of
the SOLAS Chapter IX - Management for the Safe Operation of Ships. The
latest amended version came into force on January 1, 2015.What exactly
is the International Safety Management Code?
• The purpose of the Code is to ensure safe practices in ship operation and
to improve ship management and thereby, hopefully, improve safety on
board. The emphasis is upon the implementation by a ship-owner of safe
operating systems and procedures both ashore and on board. It is purely
about management.
 Maritime Labour Convention and
Maritime Safety
The International Safety Management (ISM) Code
(Annex to IMO Assembly Resolution A.741(18) – 1993)
• PREAMBLE: It covers purpose of this code and brief about other
resolutions
• 1. GENERAL
• 1.1 Definitions of ISM, company and administration
• 1.2 Objectives
• 1.3 Application (The requirements of this Code may be applied to all ships)
• 1.4 Functional requirements for a Safety Management System (SMS)
 Maritime Labour Convention and
Maritime Safety
• 2. SAFETY AND ENVIRONMENTAL PROTECTION POLICY (Company must
have safety and environment protection policy)
• 3. COMPANY RESPONSIBILITIES AND AUTHORITY (Requirement for the
company to have responsibilities and authority defined for all the persons
involved with ship operations)
• 4. DESIGNATED PERSON(S) (To state that DP is a link between ship and
shore and his responsibilities)
• 5. MASTER'S RESPONSIBILITY AND AUTHORITY (Including overriding
authority)
• 6. RESOURCES AND PERSONNEL (Companies to ensure ship staff is
suitably qualified and familiarized with latest requirements)
 Maritime Labour Convention and
Maritime Safety
• 7. DEVELOPMENT OF PLANS FOR SHIPBOARD OPERATIONS
(Requirements to have procedures and plans for key shipboard
operations)
• 8. EMERGENCY PREPAREDNESS (Requirement on ship and shore to be
prepared for any emergency)
• 9. REPORTS AND ANALYSIS OF NON-CONFORMITIES, ACCIDENTS AND
HAZARDOUS OCCURRENCES
• 10. MAINTENANCE OF THE SHIP AND EQUIPMENT (Company's
requirement to ensure ships are maintained as per SMS)
• 11. DOCUMENTATION (Procedures and documentation requirements for
the company)
 Maritime Labour Convention and
Maritime Safety
• 12. COMPANY VERIFICATION, REVIEW AND EVALUATION (It covers audit
requirements for the company)
• 13. CERTIFICATION, VERIFICATION AND CONTROL (It covers
document/certificate requirements for ship and shore)
 Maritime Labour Convention and
Maritime Safety
• ISM Code Objectives
• 1.2.1 The objectives of the Code are to ensure safety at sea, prevention of
human injury or loss of life, and avoidance of damage to the environment,
in particular to the marine environment, and to property.
• 1.2.2 Safety-management objectives of the Company should, inter alia:
• .1 provide for safe practices in ship operation and a safe working environment;
• .2 assess all identified risks to its ships, personnel and the environment and
establish appropriate safeguards; and
• .3 continuously improve safety-management skills of personnel ashore and
aboard ships, including preparing for emergencies related both to safety and
environmental protection.
 Maritime Labour Convention and
Maritime Safety
• 1.2.3 The safety-management system should ensure:
• .1 compliance with mandatory rules and regulations; and
• .2 that applicable codes, guidelines and standards recommended by the
Organization, Administrations, classification societies and maritime industry
organizations are taken into account.
 Maritime Labour Convention and
Maritime Safety
• The ISM Code will be compulsorily applicable to passenger ships, oil
tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed
craft of 500 GT and upwards on 1st July 1998. For other cargo ships and
mobile offshore units of 500 GT and upwards, it becomes compulsorily
applicable on 1st July 2002.
 Maritime Labour Convention and
Maritime Safety
• However, as regards Ro-Ro passenger vessels, the Council for the
European Union has brought forward the date for the implementation of
the code by a Regulation having direct applicability to member states as
from 1st July 1996. This will apply only to Ro-Ro ferries irrespective of
their flag operating on a regular service to or from parts of EU member
states. It is already mandatorily applicable to Norwegian passenger
vessels capable of carrying more than 100 passengers.
Maritime Labour Convention and
Maritime Safety
• A company that owns or operates ships will need to have in place a so-
called Safety Management System (SMS). The SMS will have to address the
stated objectives of the Code which are to ensure safety at sea, prevention
of human injury or loss of life and the avoidance of damage to the
environment, particularly the marine environment.
• What precisely will the SMS have to cover?
An SMS will need to ensure that quality control procedures are established
in accordance with the ISM Code. They will guarantee compliance with
mandatory rules and regulations and ensure that applicable guidelines and
standards recommended by bodies such as the classification societies and
maritime industry organizations are taken into account.
 Maritime Labour Convention and
Maritime Safety
• The ISM Code particularly requires that the SMS incorporate the following
(Functional requirements of ISM Code):
• (1) A safety and environmental protection policy;
• (2) Instructions and procedures to ensure safe operation of ships and
protection of the environment in compliance with relevant international and
flag state legislation;
• (3) Defined levels of authority and lines of communication between and
amongst shore and shipboard personnel;
• (4) Procedures for reporting accidents and non-conformities with the
provisions of the Code;
• (5) Procedures to prepare for and respond to emergency situations; and
 Maritime Labour Convention and
Maritime Safety
• (6) Procedures for internal audits and management reviews.
• The procedures laid down by each vessel SMS have to be in writing and
are required to be compiled in a document which will be referred to as
the "Safety Management Manual". A copy of the manual has to be
carried on board each vessel.

• The Code requires every ship-owner/operator to designate a person or

persons ashore who will be the contact person for personnel on board
the ship. Under the Code such persons are known as the "Designated
Person(s)".
 Maritime Labour Convention and
Maritime Safety
• The Designated Person is assigned the following tasks under the Code:-
"...The responsibility and authority of the designated person or persons
should include monitoring the safety and pollution prevention aspects of
the operation of each ship and ensuring that adequate resources and
shore-based support are applied, as required".
• The ship owner/manager will need to obtain certification of compliance
with the Code. In reality this means submitting both the SMS and shore
based and shipboard management to an audit with an accredited
authority, such as for example a classification society. There are two
relevant certificates; the Document of Compliance (DOC) and the Safety
Management Certificate (SMC).
 Maritime Labour Convention and
Maritime Safety
• The DOC is a document issued by the government of the State whose flag
the ship is entitled to fly or by an organization acting on behalf of that
government (e.g. Classification Society), evidencing that the relevant
ship-owner or operator (manager) has established a satisfactory SMS. A
copy of the DOC will be required on board each ship.
• The SMC is similarly issued by the government of the flag State or an
organization recognized by that government. The SMC is issued after the
auditing body is satisfied that the ship-owner and its shipboard
management operate in accordance with an approved SMS (i.e. has
obtained a DOC).
 Maritime Labour Convention and
Maritime Safety
IMPACT
• It is arguable that failure to comply with an established SMS could have
an impact upon an owners’ ability to defend claims under, for example,
the Hague or Hague-Visby Rules or limit his liability under the limitation
conventions, particularly the 1957 Limitation Convention. It is also
possible that failure to comply with the SMS could have an impact upon
an owners’ insurance contracts, both hull and P&I. In any situation where
a ship-owners’ diligence to provide a seaworthy ship is involved or his
knowledge of the condition of his ship is raised, the ISM Code is likely to
have an impact.
 Maritime Labour Convention and
Maritime Safety
• If a claimant can demonstrate non-compliance with what will become an
established standard for the safe operation and management of ships, an
owner may be found to have been negligent and consequently liable for
any damages flowing from such non-compliance. Conversely, those
owners who have established an effective SMS and adhere to it, may find
it easier to defend claims against them. They will now have an accepted
standard to point to and if they can demonstrate they have acted in
accordance with that standard, life may be easier when faced with
claims.
 Maritime Labour Convention and
Maritime Safety
• Additionally, those owners who have established a satisfactory SMS may
see a reduction in claims as a result of a better-organized operation run
by more highly-trained personnel.
 Maritime Labour Convention and
Maritime Safety
MARITIME LABOUR CONVENTION
• What are the aims of MLC?
• The Convention sets out seafarers’ rights to decent working conditions on
a wide range of subjects and aims to be globally applicable, easily
understandable, readily adaptable and uniformly enforced. It has been
designed to become a global instrument known as the “fourth pillar” of
the International Maritime Organisation (IMO), besides SOLAS, STCW and
MARPOL.
 Maritime Labour Convention and
Maritime Safety
ENGAGEMENT
• The employment, engagement or work of seafarers under the age of 18 is
prohibited where the work is likely to jeopardise their health or safety.
• All seafarers must be certified medically fit for sea service; certification
shall be in English by a duly qualified medical practitioner
• All seafarers shall have access to an efficient, adequate and accountable
system for finding employment on board ship without charge to the
seafarer._ Seafarer recruitment and placement services operating in a
member’s territory shall conform to the standards set out in the Code
 Maritime Labour Convention and
Maritime Safety
• Seafarers shall be provided with a fair employment agreement, a clearly
written, legally enforceable agreement consistent with the standards set
out in the Code
• _ letters of employment shall incorporate any applicable collective
bargaining agreement and shall be signed by both the seafarer and the
ship owner or a representative of the ship owner
• _ seafarers shall be given an opportunity to examine and seek advice on
the agreement before signing
 Maritime Labour Convention and
Maritime Safety
• _ the employment conditions, including any collective bargaining
agreement, shall be available on board to seafarers, including the ship’s
master and shall be available for review by the relevant inspecting
authorities. Contract terms shall generally be available in the English
language
 Maritime Labour Convention and
Maritime Safety
DISCHARGE
• The agreement should contain the termination of the agreement and the
conditions thereof, including:
• (i) if the agreement has been made for an indefinite period, the
conditions entitling either party to terminate it, as well as the required
notice period, which shall not be less for the ship owner than for the
seafarer;
• (ii) if the agreement has been made for a definite period, the date fixed
for its expiry; and
 Maritime Labour Convention and
Maritime Safety
• (iii) if the agreement has been made for a voyage, the port of destination
and the time which has to expire after arrival before the seafarer should
be discharged
Repatriation
• Seafarers have a right to be repatriated at no cost to themselves in the
circumstances and under the conditions specified in the Code each
member State shall require ships that fly its flag to provide financial
security to ensure that seafarers are duly repatriated in accordance with
the Code
 Maritime Labour Convention and
Maritime Safety
HOURS OF WORK AND REST
• The limits on hours of work or rest shall be as follows:
• (a) maximum hours of work shall not exceed:
• (i) 14 hours in any 24-hour period; and
• (ii) 72 hours in any seven-day period;
• or
• (b) minimum hours of rest shall not be less than:
• (i) ten hours in any 24-hour period; and
• (ii) 77 hours in any seven-day period.
 Maritime Labour Convention and
Maritime Safety
• 6 Hours of rest may be divided into no more than two periods, one of
which shall be at least six hours in length, and the interval between
consecutive periods of rest shall not exceed 14 hours.

WELFARE MEASURES
• Each Member should provide or ensure the provision of such welfare
facilities and services as may be required, in appropriate ports of the
country.
• 2. Welfare facilities and services should be provided, in accordance with
national conditions and practice, by one or more of the following:
 Maritime Labour Convention and
Maritime Safety
• (a) public authorities;
• (b) shipowners’ and seafarers’ organizations concerned under collective
agreements or other agreed arrangements; and
• (c) voluntary organizations.
• 3. Necessary welfare and recreational facilities should be established or
developed in ports. These should include:
• (a) meeting and recreation rooms as required;
• (b) facilities for sports and outdoor facilities, including competitions;
• (c) educational facilities; and
 Maritime Labour Convention and
Maritime Safety
• (d) where appropriate, facilities for religious observances and for personal
counselling.
• 4. These facilities may be provided by making available to seafarers in
accordance with their needs facilities designed for more general use
• 3. Each Member should take measures designed to expedite the free
circulation among ships, central supply agencies and welfare establishments
of welfare materials such as films, books, newspapers and sports
equipment for use by seafarers on board their ships and in welfare centres
ashore.
• Welfare boards should be established, at the port, regional and national
levels, as appropriate. Their functions should include:
 Maritime Labour Convention and
Maritime Safety
• (a) keeping under review the adequacy of existing welfare facilities and
monitoring the need for the provision of additional facilities or the
withdrawal of underutilized facilities; and
• (b) assisting and advising those responsible for providing welfare facilities
and ensuring coordination between them.
• Social security to be provided are medical care, sickness benefit,
unemployment benefit, old-age benefit, employment injury benefit,
family benefit, maternity benefit, invalidity benefit and survivors’ benefit,
complementing the protection provided for under Regulations 4.1, on
medical care.
 Maritime Labour Convention and
Maritime Safety
• The ship owner shall provide financial security system to assist seafarers
in case of abandonment.
SHIPOWNER’S LIABILITY
• (a) Ship owners shall be liable to bear the costs for seafarers working on
their ships in respect of sickness and injury of the seafarers occurring
between the date of commencing duty and the date upon which they are
deemed duly repatriated, or arising from their employment between
those dates;
 Maritime Labour Convention and
Maritime Safety
• (b) ship owners shall provide financial security to assure compensation in
the event of the death or long-term disability of seafarers due to an
occupational injury, illness or hazard, as set out in national law, the
seafarers’ employment agreement or collective agreement;
• (c) ship owners shall be liable to defray the expense of medical care,
including medical treatment and the supply of the necessary medicines
and therapeutic appliances, and board and lodging away from home until
the sick or injured seafarer has recovered, or until the sickness or
incapacity has been declared of a permanent character; and
 Maritime Labour Convention and
Maritime Safety
• d) ship owners shall be liable to pay the cost of burial expenses in the
case of death occurring on board or ashore during the period of
engagement.
• e) Ship owners or their representatives shall take measures for
safeguarding property left on board by sick, injured or deceased seafarers
and for returning it to them or to their next of kin.
• National laws and regulations shall provide that the system of financial
security to assure compensation as provided by paragraph 1(b)of this
Standard for contractual claims, as defined in Standard A4.2.2, meet the
following minimum requirements:
 Maritime Labour Convention and
Maritime Safety
• (a) the contractual compensation, where set out in the seafarer’s
employment agreement and without prejudice to subparagraph (c) of
this paragraph, shall be paid in full and without delay;
• (b) there shall be no pressure to accept a payment less than the
contractual amount;
• (c) where the nature of the long-term disability of a seafarer makes it
difficult to assess the full compensation to which the seafarer may be
entitled, an interim payment or payments shall be made to the seafarer
so as to avoid undue hardship;
 Maritime Labour Convention and
Maritime Safety
• (d) the claim for contractual compensation may be brought directly by
the seafarer concerned, or their next of kin, or a representative of the
seafarer or designated beneficiary Seafarers are entitled for adequate
compensation in case of Injury, loss or unemployment due the ship
foundering. Unemployment compensation shall be paid for the duration
he is unemployed up to a maximum of 2 months’ wages.
 Maritime Labour Convention and
Maritime Safety
• OCCUPATIONAL SAFETY
• The provisions required under Standard A4.3 should take into account the
• ILO code of practice entitled Accident prevention on board ship at sea and
in port, 1996, and subsequent versions and other related ILO and other
international standards and guidelines and codes of practice regarding
occupational safety and health protection, including any exposure levels
that they may identify.
• The competent authority should ensure that the national guidelines for the
management of occupational safety and health address the following
matters, in particular:
 Maritime Labour Convention and
Maritime Safety
• (a) general and basic provisions;
• (b) structural features of the ship, including means of access and
asbestos-related risks;
• (c) machinery;
• (d) the effects of the extremely low or high temperature of any surfaces
with which seafarers may be in contact;
• (e) the effects of noise in the workplace and in shipboard
accommodation;
• (f) the effects of vibration in the workplace and in shipboard
accommodation;
 Maritime Labour Convention and
Maritime Safety
• (g) the effects of ambient factors, other than those referred to in
subparagraphs (e) and
• (f), in the workplace and in shipboard accommodation, including tobacco
• smoke;
• (h) special safety measures on and below deck;
• (i) loading and unloading equipment;
• (j) fire prevention and fire-fighting;
• (k) anchors, chains and lines;
• (l) dangerous cargo and ballast;
 Maritime Labour Convention and
Maritime Safety
• (m) personal protective equipment for seafarers;
• (n) work in enclosed spaces;
• (o) physical and mental effects of fatigue;
• (p) the effects of drug and alcohol dependency;
• (q) HIV/AIDS protection and prevention; and
• (r) emergency and accident response.
 Maritime Labour Convention and
Maritime Safety
• 3. The assessment of risks and reduction of exposure on the matters
referred to in paragraph 2 of this Guideline should take account of the
physical occupational health effects, including manual handling of loads,
noise and vibration, the chemical and biological occupational health
effects, the mental occupational health effects, the physical and mental
health effects of fatigue, and occupational accidents. The necessary
measures should take due account of the preventive principle according
to which, among other things, combating risk at the source, adapting
work to the individual, especially as regards the design of workplaces,
and replacing the dangerous by the non dangerous or the less dangerous,
have precedence over personal protective equipment for seafarers.
 Maritime Labour Convention and
Maritime Safety
• 4. In addition, the competent authority should ensure that the
implications for health and safety are taken into account, particularly in
the following areas:
• (a) emergency and accident response;
• (b) the effects of drug and alcohol dependency; and
• (c) HIV/AIDS protection and prevention.
 Maritime Labour Convention and
Maritime Safety
• On board complaint procedures:— The Indian Flag ship shall adopt
following on board complaint procedures:—
• (1) Any aggrieved seafarer serving on board an Indian flag ship shall, as
soon as is feasible, submit a written complaint to his Head of Department
on board (deck or engine), which shall be immediately and formally
acknowledged by the Head of Department to the seafarer concerned.
• (2) If the Head of Department cannot resolve the seafarer’s complaint to
the satisfaction of the seafarer, within a prescribed time limit of three
days of receipt of the complaint, the Head of Department shall refer it to
the Master of the ship, who shall handle the matter personally and settle
the issue within seven days of receipt of complaint.
 Maritime Labour Convention and
Maritime Safety
• (3) A seafarer shall, at all times, have the unequivocal right to be
accompanied and to be represented by another seafarer of his choice on
board the ship concerned, while making the complaint or for the follow -
up work thereon.
• (4) All complaints and decisions on the complaint shall be duly recorded
in the official record book and a copy of the decision taken, in each case,
shall be provided to the seafarer concerned by the said issue resolving
authority. A proper documentary record of all the complaints and actions
taken on each complaint shall be kept on board and shall be available for
an inspection by the authorities concerned for a period of at least three
years of receipt of complaint.
 Maritime Labour Convention and
Maritime Safety
• (5) If the Master of the vessel cannot resolve the complaint on board, he
shall take it up with to the ship owner concerned, under and due
immediate intimation to the seafarer. The ship owner shall resolve the
matter, without any delay, but not later than within a maximum period of
one month of receipt of complaint. Contact details of the ship owner for
resolving seafarer’s complaints shall be made available onboard, by the
Master of the vessel. The ship owner shall, in resolving the complaint,
take the assistance of the Committee that may be set up by it, comprising
the seafarers union(s) also.
 Maritime Labour Convention and
Maritime Safety
• (6) If the complaint of the seafarer is not resolved by the recruitment and
placement service or ship owner within one month, including the
Committee also represented by the seafarers union, the seafarer shall
have the right to approach the competent authority, through the
Grievance Redressal Mechanism as may be issued by the Director
General from time to time. The complaint so registered with the
authority shall contain the copies of the complaint made by the seafarer
to all his superiors, as mentioned above, including to the recruitment and
placement service or ship owner or Union (if any) and the replies given
thereto by them, if any.
 Maritime Labour Convention and
Maritime Safety
• (7) A seafarer on board a vessel calling at a foreign port, in between a
voyage shall also have the right to separately report his complaint
alleging breach of the requirement of, the Maritime Labour Convention,
2006 including seafarers’ rights, to the authorised officer at that port,
under the Maritime Labour Convention on-shore seafarer complaint
handling procedures.
• (8) In all such cases, seafarers shall also have the right to file their
complaints directly with the Master or recruitment and placement
service provider or ship owner or any other legal entity that the seafarers
may consider appropriate for the purpose.
 Maritime Labour Convention and
Maritime Safety
• What are the Onshore complaint procedures available for Indian
seafarers?
• Onshore seafarer complaint-handling procedures.-(1) An on shore
complaint redressal procedure shall be followed in all Indian ports as
specified by the Director General of Shipping, in consultation with the
ship owners and seafarers’ organisations concerned, who are parties to
the Collective Bargaining Agreement as reflected in the seafarers
employment agreement, where applicable.
• (2) The Director General of Shipping shall take necessary steps to
safeguard the confidentiality of seafarers making the complaints.
 Maritime Labour Convention and
Maritime Safety
• When is a seafarer considered abandoned?
• A seafarer is considered to be abandoned when the ship owner
• a) fails to cover the cost of the seafarer’s repatriation; or
• b) has left the seafarer without the necessary maintenance and support;
or
• c) has otherwise unilaterally severed their ties with the seafarer
including failure to pay contractual wages for a period of at least two
months.
 Maritime Labour Convention and
Maritime Safety
• How does MLC protect the seafarer in case of abandonment?
• The Standard establishes requirements to ensure the provision of an
expeditious and effective financial security system to assist seafarers in
the event of their abandonment.
• Each Member shall ensure that a financial security system meeting the
requirements of this Standard is in place for ships flying its flag. The
financial security system may be in the form of a social security scheme
or insurance or a national fund or other similar arrangements. Its form
shall be determined by the Member after consultation with the
shipowners’ and seafarers’ organizations concerned.
 Maritime Labour Convention and
Maritime Safety
• The financial security system shall provide direct access, sufficient
coverage and expedited financial assistance, in accordance with this
Standard, to any abandoned seafarer on a ship flying the flag of the
Member.
 Maritime Labour Convention and
Maritime Safety
PORT STATE CONTROL
• Port State Control (PSC) is the inspection of foreign ships in national
ports to verify that the condition of the ship and its equipment comply
with the requirements of international regulations and that the ship is
manned and operated in compliance with these rules.
• Many of IMO's most important technical conventions contain provisions
for ships to be inspected when they visit foreign ports to ensure that they
meet IMO requirements.
 Maritime Labour Convention and
Maritime Safety
• These inspections were originally intended to be a back up to flag State
implementation, but experience has shown that they can be extremely
effective. A ship going to a port in one country will normally visit other
countries in the region and it can, therefore, be more efficient if
inspections can be closely coordinated in order to focus on substandard
ships and to avoid multiple inspections.
•
It was after this that the Paris MOU was founded. After it was put into
practice, it was realized that if neighbouring countries also exercise
control on the same ship within short intervals, then this would lead to
unnecessary duplication of work.
 Maritime Labour Convention and
Maritime Safety
• So with regards to this, a regional co-operation amongst the countries
was agreed which would avoid duplication of work. Under this act, it was
also decided to share information and tracking of ship movement and
previous history of the ships between the maritime countries. As per the
information, the inspections can be followed up as required.
• Nine regional agreements on port State control - Memoranda of
Understanding or MoUs - have been signed:
• Europe and the north Atlantic (Paris MoU);
• Asia and the Pacific (Tokyo MoU);
• Latin America (Acuerdo de Viña del Mar);
• Caribbean (Caribbean MoU);
 Maritime Labour Convention and
Maritime Safety
• West and Central Africa (Abuja MoU);
• The Black Sea region (Black Sea MoU);
• The Mediterranean (Mediterranean MoU);
• The Indian Ocean (Indian Ocean MoU); and
• The Riyadh MoU.
• The United States Coast Guard maintain the tenth PSC regime.
• Paris memorandum of understanding (MOU) laid down few general rules
for the inspection of foreign vessels. They are as follows:
• Inspection would be carried out on ships coming to a port for the first time
or after an absence of 12 months of more
 Maritime Labour Convention and
Maritime Safety
• Inspection would be carried out of ships which have been permitted to
leave the port of a state with deficiencies to be rectified
• Inspection would be carried out of ships which have been reported as
being deficient by pilots or port authorities
• Ships whose certificates are not in order would be inspected
• Ships which has been involved in any kind of accident such as grounding,
collision or stranding on the way to a port will be inspected
• Inspection of ship which are carrying dangerous or polluting goods and
have failed to report relevant information would be inspected
• Ships which have been suspended from the class in the preceding 6 months
would be inspected
 Maritime Labour Convention and
Maritime Safety
• Ships which have been subject of a report or notification by another
authority would be inspected
• Inspection of ships which are accused of an alleged violation of the
provision of IMO as to pose a threat to the ship’s crew, property, or
environment would be inspected

• A ship is allowed to leave a port only on condition that the deficiencies

found will be rectified before the departure or at the next port or within
14 days.
 Maritime Labour Convention and
Maritime Safety
• ship is detained mainly when she is found to be dangerously unsafe to
the safety of the ship, its crew and to marine environment. She can also
be detained when the condition and standard of the ship is in complete
contravention with the regulations put forth by the IMO and other
maritime authorities.
• The data collected from port state inspections of all the ships is stored in
an information system called the “Equasis.
 Maritime Labour Convention and
Maritime Safety
• The deficiencies noted are:
• In documentation, certification, LSA, FFA, Oil record book, Hygiene, rest
hours, Ship’s structure.
• Failure of proper operation of emergency generator.
• Insufficient cleanliness of engine room
• Absence of corrected navigational charts
• Improper operation of navigation and radio equipment
• Failure of proper operation of main and emergency steering
• Deterioration of LSA and FFA
• Not complying with pollution regulations
 Other Conventions and Codes
ISPS Code
• What is the ISPS Code?
• ISPS or the International Ship and Port Facility Security Code is an essential
maritime regulation for the safety and security of ships, ports, cargo and
crew.
• Main Aim of ISPS code In Shipping
• The ISPS code mainly looks after the security aspects of the ship, seafarers,
ports and port workers, to ensure preventive measures can be taken if a
security threat is determined. The main aim of the International Code for
the Security of Ships and of Port Facilities (ISPS) is as follows:
• To monitor the activity of people and cargo operation
Other Conventions and Codes
• To detect the different security threats on board vessel and in port and
implement the measure as per the situation
• To provide a security level to the ship and derive various duties and functions
at the different security level
• To establish the respective roles and responsibilities of the contracting
governments, agencies, local administrations and the shipping and port
industries
• To build and implement roles and responsibilities for port state officer and
onboard officers to tackle maritime security threat at the international level
• To collect data from all over the maritime industry concerning security threats
and implementing ways to tackle the same
 Other Conventions and Codes
• To ensure the exchange of collected security-related information data with
worldwide port and ship owners network
• To provide a methodology for security assessments so as to have in place plans
and procedures to react to changing security levels
• To find the shortcomings in the ship security and port security plan and measure
to improve them
ISPS Code Requirements
• The ISPS code incorporates various functional requirements so that it can
achieve certain objectives to ensure the security of ships and ports. Some of
the important requirements are as follows:
• To gather the security-related information from the contracting government
agencies
 Other Conventions and Codes
• To assess the received information
• To distribute the security-related information to appropriate contracting
government agencies
• Defining the proper communication protocols for ships and port facilities
for hassle-free information exchange
• To prevent any unauthorised entry in port facilities or on a ship and other
related restricted areas, even if the unauthorised entry is not a threat (but
always considered as a potential threat)
• To prevent the passage of unauthorised weapons, incendiary devices or
explosives to ships and port facilities
 Other Conventions and Codes
• To provide different means for raising the alarm if any security incident is
encountered or a potential security threat is assessed
• To implement proper security, plan on port and ship-based upon the
security assessment and requirements
• To plan and implement training, drills and exercises for ship and port crew
so that they are familiar with the security plans and there is no delay in
implementing the same in case of a real threat
 Other Conventions and Codes
• Ship Security Officer ( SSO )
• SSO is the in charge of security of the vessel on board and responsible for
the other entire crew member to carry out duties for ship security as per
ISPS code. SSO is responsible for carrying out frequent drills for ISPS Code
as per SSP.
• Ship Security Plan ( SSP )
• It is a plan kept on board vessel mentioning the duty of crew members
at different security levels and the do’s and don’ts at a different type of
security threats. SSO is responsible under CSO to implement ship security
plan on board vessel.
 Other Conventions and Codes
• Ship Security Alert System
• Different types of security equipment are kept on board which includes a
metal detector for checking the person entering the vessel. From July
2004, most of the ship has installed the Ship Security Alert System (SSAS)
as per ISPS norms which do not sound on the ship but alarm the shore
authority about the security threat.
• Port Facility Security Officer ( PFSO )
• PFSO is a Government-appointed officer responsible for implementing
PFSP and to derive security levels for port and vessel berthing at their
jetty. He is responsible to conduct a port facility security assessment.
 Other Conventions and Codes
• Port Facility Security Plan ( PFSP )
• It includes the plans and action to be taken at different security levels.
Roles and responsibilities are included in PFSP. Action to be taken at the
time of any security breach is described in PFSP.
• Restricted Areas
• The SSP must identify areas that are restricted which are to be
established on board. The purpose of such areas is to restrict access,
protect the personnel on board, protect the cargo from pilferage or
tampering etc.
 Other Conventions and Codes
• The restricted areas may include the navigation bridge, machinery
spaces, spaces with security-related equipment, ventilation spaces,
spaces containing IMDG cargo, accommodation, any other areas specified
as per the SSP.
MARSEC Level 1
• The normal level that the ship or port facility operates on a daily basis.
Level 1 ensures that security personnel maintains minimum appropriate
security 24/7.
• In this, all those liable to board must be searched. The frequency of the
same should be specified in the SSP. Such searches are to be carried out in
coordination with the port facility.
 Other Conventions and Codes
• It is important to remember the human rights angle of the individual being
searched and the search should not violate their dignity.
• Minimum security measures are always maintained on board and in port
• Ship and port operation is carried out as per ship and port facility security
plan
• Port facility ensures to keep the ‘no access’ areas under surveillance at all
times
• Ship and port authority mutually supervise the loading and unloading
operation of cargo and stores, ensuring access control and other minimum
security criteria.
• Minimum access in the ship is maintained at all times.
 Other Conventions and Codes
MARSEC Level 2
• A heightened level for a time period during a security risk that has
become visible to security personnel. Appropriate additional measures
will be conducted at this security level.
• At this level, the SSP should establish the measures to be applied to
protect against the heightened risk. Higher vigilance and tighter control
with regard to the security of the ship is in play here.
• Assigning additional personnel for patrolling the access areas
• Deterring waterside access to the ship
• Establishing a restricted area on the shore side of the ship
 Other Conventions and Codes
• Increasing the search frequency and detail of the persons due to board or
disembark
• Escorting all visitors on board
• Additional security briefings to the ship’s personnel to with emphasis in
relation to the security level
• Carrying out a full or partial search of the ship
MARSEC Level 3
• Will include additional security measures for an incident that is
forthcoming or has already occurred that must be maintained for a
limited time frame. The security measure must be attended to although
there might not be a specific target that has yet been identified.
 Other Conventions and Codes
• Again, the SSP should be adhered to and with strong liaison with the port
facility. The following measures should be put in place with the highest
degree of vigilance and detail:
• Limiting access to a single, controlled access point
• Granting access strictly to authorised personnel or those responding to any
security incident
• Suspension of embarkation and disembarkation
• Suspension of cargo operations and stores etc
• If needed, the evacuation of the ship
• Close monitoring of the movement of the people on board
• Preparing for a full or partial search of the ship
 Other Conventions and Codes
• Declaration of security
• As the name suggests, declaration of security is security related
declaration between two parties. One of the party is own ship and other
party can either be a port or another ship.
• The DoS is intended to be used in exceptional cases usually related to
higher risk. These are the times when there is a need to reach an
agreement between the port facility and the ship as to the security
measures to be applied.
• ISPS code requires each flag state to establish the requirements of the
declaration of security.
 Other Conventions and Codes
• But in general DOS need to be filled when
• Ship is operating at higher security level than the port it is calling
• Ship is operating at higher security level than the other ship it is doing
operations with
• Ship is calling a port which do not have port facility security plan. This will
be the case when port is in a country that has not ratified ISPS code
• Ship is doing operations with a ship the flag of which has not ratified the
ISPS code and thus do not have an approved ship security plan
• Another question is why do we need to fill DOS. As you would notice in
above situations that the ship is either at higher security level or is
dealing with port or ship that does not comply with ISPS code.
 Other Conventions and Codes
• In first case, we need to make sure that ship’s higher security level is
efficiently conveyed to the port or ship it is dealing with. Also as the port
or other ship is at lower level, we would want to know what security
duties the port and ship will be performing.
• For example we need to get the declaration from other ship that they will
monitor the areas around their ship and restrict the access to their ship.
• In the second case where port or ship is not ISPS compliant, we need to
make joint declaration that the port or other ship will perform some of
the security duties as per declaration of security.
 Other Conventions and Codes
• Many ships or companies requires DOS to be completed at every
port & ship operation. This is not required and in doing so we are
just wasting paper and energy on something that is grossly
unnecessary.
• Security Equipment on board ships include:
• General Alarm
• High Beam torch
• Batons
• Photo ID for Crew
• Flood Lights (Fixed & Portable)
 Other Conventions and Codes
• Walkie Talkies
• Whistles
• Dog Leg Mirrors
• Hand Held Metal Detectors
• Cable Ties
• Different Colour Coded passes for visitors
• Night Vision Binoculars
 Other Conventions and Codes
LIMITATION OF LIABILITY FOR MARITIME CLAIMS CONVENTION
• ​The Convention replaced the International Convention Relating to the
Limitation of the Liability of Owners of Seagoing Ships, which was signed
in Brussels in 1957, and came into force in 1968.
• Under the 1976 Convention, the limit of liability for claims covered is
raised considerably, in some cases up to 250-300 per cent. Limits are
specified for two types of claims - claims for loss of life or personal injury,
and property claims (such as damage to other ships, property or harbour
works).
 Other Conventions and Codes
• The limits under the 1976 Convention were set at 333,000 SDR for
personal claims for ships not exceeding 500 tons plus an additional
amount based on tonnage. For other claims, the limit of liability was fixed
under the 1976 Convention at 167,000 SDR plus additional amounts
based on tonnage on ships exceeding 500 tons.
• The Convention provides for a virtually unbreakable system of limiting
liability. Ship-owners and salvors may limit their liability, except if "it is
proved that the loss resulted from his personal act or omission,
committed with the intent to cause such a loss, or recklessly and with
knowledge that such loss would probably result".
 Other Conventions and Codes
• Protocol of 1996
• Adoption: 2 May 1996
• Entry into force: 13 May 2004
• Under the Protocol the amount of compensation payable in the event of
an incident being substantially increased and also introduces a "tacit
acceptance" procedure for updating these amounts.
• The limit of liability for claims for loss of life or personal injury on ships
not exceeding 2,000 gross tonnage is 2 million SDR.
• For larger ships, the following additional amounts are used in calculating
the limitation amount:
 Other Conventions and Codes
• For each ton from 2,001 to 30,000 tons, 800 SDR
• For each ton from 30,001 to 70,000 tons, 600 SDR
• For each ton in excess of 70,000, 400 SDR (US$634).
• The limit of liability for property claims for ships not exceeding 2,000 gross
tonnage is 1 million SDR.
• For larger ships, the following additional amounts are used in calculating
the limitation amount:
• For each ton from 2,001 to 30,000 tons, 400 SDR
• For each ton from 30,001 to 70,000 tons, 300 SDR
• For each ton in excess of 70,000, 200 SDR
 Other Conventions and Codes
• Amendments to 1996 Protocol
• Adoption: 19 April 2012
• Entry into force: 8 June 2015
• Under the amendments to the 1996 Protocol, the limits are raised as
follows:
• The limit of liability for claims for loss of life or personal injury on ships not
exceeding 2,000 gross tonnage is 3.02 million SDR (up from 2 million SDR).
 Other Conventions and Codes
• For larger ships, the following additional amounts are used in calculating
the limitation amount:
• For each ton from 2,001 to 30,000 tons, 1,208 SDR (up from 800 SDR)
• For each ton from 30,001 to 70,000 tons, 906 SDR (up from 600 SDR)
• For each ton in excess of 70,000, 604 SDR (up from 400 SDR).
• The limit of liability for property claims for ships not exceeding 2,000
gross tonnage is 1.51 million SDR (up from 1 million SDR).
 Other Conventions and Codes
• For larger ships, the following additional amounts are used in calculating
the limitation amount:
• For each ton from 2,001 to 30,000 tons, 604 SDR (up from 400 SDR)
• For each ton from 30,001 to 70,000 tons, 453 SDR (up from 300 SDR)
• For each ton in excess of 70,000 tons, 302 SDR (up from 200 SDR).
 Other Conventions and Codes
CLC CONVENTION
• International Convention on Civil Liability for Oil Pollution Damage (CLC)
• Adoption: 29 November 1969; Entry into force: 19 June 1975; Being
replaced by 1992 Protocol: Adoption: 27 November 1992; Entry into
force: 30 May 1996
• The Civil Liability Convention was adopted to ensure that adequate
compensation is available to persons who suffer oil pollution damage
resulting from maritime casualties involving oil-carrying ships.
 Other Conventions and Codes
• Subject to a number of specific exceptions, this liability is strict; it is the
duty of the owner to prove in each case that any of the exceptions should
in fact operate. However, except where the owner has been guilty of
actual fault, they may limit liability in respect of any one incident.
• The Convention places the liability for such damage on the owner of the
ship from which the polluting oil escaped or was discharged.
• The liability for pollution damage shall not attach to ship owner if he
proves
• Caused by Act of war or grave natural disaster
 Other Conventions and Codes
• Fully caused by sabotage by a third party
• Caused by negligence of public authorities in maintaining lights or other
navigational aids
• The Convention requires ships covered by it to maintain insurance or
other financial security in sums equivalent to the owner's total liability
for one incident.
• The Convention applies to all seagoing vessels actually carrying oil in bulk
as cargo, but only ships carrying more than 2,000 tons of oil are required
to maintain insurance in respect of oil pollution damage.
 Other Conventions and Codes
• The Convention covers pollution damage resulting from spills of
persistent oils suffered in the territory (including the territorial sea) of a
State Party to the Convention. It is applicable to ships which actually carry
oil in bulk as cargo, i.e. generally laden tankers. Spills from tankers in
ballast or bunker spills from ships other than other than tankers are not
covered, nor is it possible to recover costs when preventive measures are
so successful that no actual spill occurs. The ship owner cannot limit
liability if the incident occurred as a result of the ship owner's personal
act or omission, committed with the intent to cause such damage or
recklessly and with the knowledge that such damage would probably
result.
 Other Conventions and Codes
• Liability
• Under 1969 convention the liability was 133 SDR per gross tonnage with
a maximum of 14 Million SDR
• Under 1992 protocol
• For a ship not exceeding 5,000 gross tonnage, liability is limited to 3
million SDR
• For a ship 5,000 to 140,000 gross tonnage: liability is limited to 3 million
SDR plus 420 SDR for each additional unit of tonnage
• For a ship over 140,000 gross tonnage: liability is limited to 59.7 million
SDR
 Other Conventions and Codes
FUND CONVENTION
• The Fund Convention was drawn from the original CLC Treaty of 1969
and was ratified in 1992. It aimed at relieving ship owners from liabilities
that were beyond their control. It also removed damage cap limits in
some situations, so that guilty parties were liable to pay for complete
damage.
• The Fund has the power to indemnify ship owners and operators in case
of certain oil pollution scenarios. This is mainly due to unforeseeable
circumstance, and when they are in full compliance with international
treaties and caused no wilful damage
 Other Conventions and Codes
• The Fund is primarily operated in order to cover any compensation to the
victims of oil pollution in cases where either the liability is not sufficient,
or when the ship owner is not liable to pay. For instance, the maximum
liability is capped at certain limits by the CLC treaty.
• However, when damages exceed this cap, there must be some source of
funds from which remaining damages can be paid out. This is what the
Fund Convention achieves. By consolidating funds from different sources,
there is a ready supply of compensation to oil spill victims when the CLC
does not cover it.
 Other Conventions and Codes
Who Uses and Contributes to the Fund?
• The funds from the FUND92 Convention are used to pay out damages to
the victims of oil pollution. This includes inhabitants of nearby islands,
fishermen and other small vessel operators who were affected by the
spill, and the families of crew members who were either handicapped or
killed in the spill or its resulting aftermath.
Other Conventions and Codes
 Other Conventions and Codes
• The CLC addressed the issue of paying damages via liability charges
against guilty ship owners. However, there was still the issue of
determining where and whom to collect the fund from. This was laid
down in the 1992 treaty, and responsibility was laid upon the countries
that import oil and have ratified the treaty. They are the beneficiaries of
the oil industry, and IMO decided that they would also have to pay for
any damages inadvertently caused while transporting oil.
• To understand why IMO adopted this approach, we know that only
countries directly use oil. Individuals do not import oil, and so they can
be indemnified from any such payment.
 Other Conventions and Codes
• On the other hand, it is countries that have created a global demand for
oil. Without this demand, there would no risk of oil spills or pollution.
Thus, ratified nations are held responsible, and fund any compensation
efforts.
• Note, only ratified nations are allowed to access the funds from the
Convention in case they are not able to cover damages.
 Other Conventions and Codes
What is the Payment Made to the Fund?
• Payment related details are laid down in the Convention. Not all
countries have to pay the annual contribution, only those which have
imported over 150,000 tons of oil.
• This is mentioned in Article 10 of the FUND, and is aimed at ensuring that
small countries do not needlessly pay for damages. Since their impact on
global spills is minimal, they are not held accountable as compared to the
countries that import vast quantities of oil.
 Other Conventions and Codes
• To prevent countries from bifurcating their oil industries such that each
group imports less than 150,000 tons, the FUND92 lays down that this
import value is inclusive of any and all parties involved in import within
the country. Thus, the government will still have to pay the annual
amount, irrespective of the number of subsidiaries.
Fund Disbursement When the Ship Owner Is Not Capable of Covering
Damages
• According to the CLC, any ship carrying over 2,000 tons of oil needs to
make provisions to pay for any possible oil pollution. This insurance is put
in place to prevent a situation where the ship owner may not have the
funds necessary to cover damages.
 Other Conventions and Codes
• However, 2 situations may arise. One, a ship carrying less than 2,000 tons
of oil may cause an oil spill. Two, during a journey, company finances may
drastically change which could alter its ability to pay for any damages. In
both these situations, the ship owner is no longer able to pay for
damages caused.
• The Fund Convention pays for the compensation in both these cases,
since the ship owner’s liability does not cover the total pay-out. There are
several provisions to ensure that the company can insure an oil spill,
however, unforeseen situations like those stated above may arise.
 Other Conventions and Codes
Fund Disbursement When Damages Exceed the Limited Liability of the
Owner
• The CLC fixes a limit on the liability of a ship owner in case of an oil spill.
But, the actual cost of compensation and damage may far exceed this
cap. In such cases, the Fund is obliged to pay for the remaining
compensation from the oil spill.
• To prevent the company from escaping any liability, their annual
contribution is appropriately increased in the following years. Moreover,
an additional fine may also be imposed on the government to dissuade
such behaviour in future.
 Other Conventions and Codes
Fund Disbursement When the Ship Owner is Exempted from Liability
• The ship owner is exempted from paying any liability or damages in 3
scenarios. These are:
• 1. Natural and unforeseeable phenomenon. So, a ship owner cannot sail
into a cyclone which has been predicted, and then claim exemption from
liability;
2. A deliberate attempt to sabotage or create damage by a third party is
also grounds for a ship owner to not pay any liability; and,
3. Negligence of the government or any other authority who is
responsible for maintain navigational aids and other facilities.;
 Other Conventions and Codes
• In these 3 situations, the ship owner has no need to pay any
compensation. However, there is yet another category- war damages. In
this situation, no compensation will be paid to the parties involved in the
war. As they go for conflict of their own volition, the Fund does not cover
any payment of damages.
Limits of Fund Payment and Compensation
• From the Fund Convention regulations, the following rules are applicable
to maximum compensation pay out in case of an oil spill:
 Other Conventions and Codes
• 1. Maximum compensation is capped at 203 million SDR when the oil
received annually by any 3 contracting states is less than 600 million tons;
and,
2. Maximum compensation is capped at 300.74 million SDR, when the oil
received annually by any 3 contracting states is equal to or more than 600
million tons;
• A contracting state refers to any member country, and the 3 contracting
states mentioned in the above regulations are usually the top 3
governments in terms of oil import quantities. Note, the compensation
amounts mentioned here include any pay-outs received in line with the
CLC damage regulations. This pay out limit is comprehensive and definite.
 Other Conventions and Codes
Functions and Management of the Fund Convention
• The Fund Convention operates the International Oil Pollution
Compensation (IOPC) Fund. IOPC is independent of the IMO while
FUND92 is administered by the UN. To create an impartial body capable
of fairly distributing compensation and damage pay-outs, the IOPC has its
own body of auditors, officers, and other functionaries. It functions
outside the purview of the IMO and UN, although annual meetings are
held at the IMO headquarters in London.
• The first function of the IOPC and FUND92 is a collection of the annual
fund contributions from each contracting state. As discussed above, only
some states need to pay this contribution.
 Other Conventions and Codes
• The second function is to ensure that appropriate compensation is paid
to any and all victims of oil pollutions. This is only to the contracting
states and subject to insufficiency of CLC compensation funds.
• Lastly, the third function is to hear and pass judgement on any disputes
or grievances relating to the Fund, the collection of annual fees, and the
payment of compensation.
 Other Conventions and Codes
Supplementary Fund – 2003 IOPC Protocol
• Despite having a 2-layer compensation framework for any oil spill-related
damages, certain nations felt that there should be an additional layer. For
this, the Supplementary Fund was created as a part of the 2003 IOPC
Protocol. It created an additional fund from which any damages and
compensations could be paid out from.
 Other Conventions and Codes
• This fund is only used when both the CLC and FUND92 are not able to
cover damages. It is part of the IOPC Protocol but is optional. So,
contracting states have an option to join and contribute to this fund. The
principles and operations for this Supplementary Fund are similar to the
other 2 funds. It covers any pollution within the territorial waters and
Exclusive Economic Zone (EEZ).
Who Uses and Contributes to the Supplementary Fund?
• Since the Supplementary Fund is a protocol of an existing convention, it
follows the same basic rules as the FUND92. Contracting states that have
an annual import of 150,000 tons of oil are eligible to contribute.
 Other Conventions and Codes
• An additional condition for states to join this Supplementary Fund is that
the country must import a minimum of 1 million tons of oil in a year. Only
then will it have to contribute to the fund.
• This fund works in a split and deferred manner. This means that a part of
the contribution has to be mandatorily paid. The deadline for this is 1st
March. The rest of the payment only has to be made should the fund
require it. The portion paid is to finance the administration and basic
operations of the Supplementary Fund. Till date, no compensation has
been paid from this Fund.
 Other Conventions and Codes
• Limit on Supplementary Fund Compensation
• Unlike the CLC and Fund Convention pay-outs, the Supplementary Fund is
very specific and rigid in terms of compensation. Irrespective of the
incident, damage cost, quantity of oil carried, or gross tonnage of the
carrier, this compensation is fixed at 750 million SDR. Note, this amount
includes any payments from the CLC and Convention funds i.e., it is not 750
million over and beyond the initial compensations.
Functions of the Supplementary Fund
• The Supplementary Fund is a part of the IOPC, Fund Convention, and a
direct result of the original CLC 1969 Convention. However, it is governed
and administered by an independent body.
 Other Conventions and Codes
• This body manages the fund and any operations separately from the
FUND92. For this, a unique Governing Body (GB) and Auditor group are
used. However, it reports directly to the Secretariat of the 1992 Fund.
• The first function of the Supplementary Fund is the collection of any fund
contributions from a contracting state. As discussed above, only states
that need to cover any damages are required to pay. Additionally, this
payment is only when the CLC and FUND92 cannot cover the damages.
Lastly, the payment is done post-oil spill, and not annually (unlike the
Fund and CLC).
 Other Conventions and Codes
• The second function is to ensure that appropriate compensation is paid
to any and all victims of oil pollutions. This is only to the contracting
states and subject to insufficiency of CLC and Fund compensation
payments.
• Any grievances brought to the attention of the Supplementary Fund
Assembly is directly forwarded to the Fund Convention for redressal. It
does not have any separate legal body to handle post-payment issues.
 Other Conventions and Codes
Countries That Have Ratified the 1992 Fund Convention and 1992 CLC
• As of 2018, the Fund Convention of 1992 has been ratified by 115
countries. This accounts for nearly 95% of the global merchant fleet
tonnage. The CLC has also been ratified amongst a majority of countries.
Since it was put into effect much earlier (1969), there are some countries
that have ratified the CLC but not the Fund.
• Major contracting states for the 1992 CLC include China, Mongolia, Saudi
Arabia, Egypt, Ukraine, Indonesia, and India. Of these nations, only India
is also a member of the Fund Convention. The remaining countries have
only ratified the CLC.
 Other Conventions and Codes
• Major contracting states for the 1992 Fund Convention include Russia,
Australia, Canada, South Africa, and most of Europe (UK, Germany, Spain,
and Italy are some of these nations). Countries that have NOT ratified the
Convention so far include Bolivia, North Korea, Honduras, and Lebanon.
 Other Conventions and Codes
BUNKER CONVENTION
• Adoption: 23 March 2001; Entry into force: 21 November 2008
• The Convention was adopted to ensure that adequate, prompt, and
effective compensation is available to persons who suffer damage caused
by spills of oil, when carried as fuel in ships' bunkers.
• The Convention applies to damage caused on the territory, including the
territorial sea, and in exclusive economic zones of States Parties.
• The bunkers convention provides a free-standing instrument covering
pollution damage only.
 Other Conventions and Codes
• "Pollution damage" means:
• (a) loss or damage caused outside the ship by contamination resulting
from the escape or discharge of bunker oil from the ship, wherever such
escape or discharge may occur, provided that compensation for
impairment of the environment other than loss of profit from such
impairment shall be limited to costs of reasonable measures of
reinstatement actually undertaken or to be undertaken; and
• (b) the costs of preventive measures and further loss or damage caused
by preventive measures.
 Other Conventions and Codes
• The convention is modelled on the International Convention on Civil
Liability for Oil Pollution Damage, 1969. As with that convention, a key
requirement in the bunkers convention is the need for the registered
owner of a vessel to maintain compulsory insurance cover.

• Another key provision is the requirement for direct action - this would
allow a claim for compensation for pollution damage to be brought
directly against an insurer.
 Other Conventions and Codes
• The Convention requires ships over 1,000 gross tonnage to maintain
insurance or other financial security, such as the guarantee of a bank or
similar financial institution, to cover the liability of the registered owner for
pollution damage in an amount equal to the limits of liability under the
applicable national or international limitation regime, but in all cases, not
exceeding an amount calculated in accordance with the Convention on
Limitation of Liability for Maritime Claims, 1976, as amended.*
• The limit of liability under the Bunker Convention for ships not exceeding
2,000 gross tonnage is 1.51 million SDR (up from 1 million SDR). For larger
ships, the following additional amounts are used in calculating the limitation
amount: For each ton from 2,001 to 30,000 tons, 604 SDR (up from 400 SDR)
 Other Conventions and Codes

SALVAGE
• Adoption: 28 April 1989; Entry into force: 14 July 1996
• The Convention replaced a convention on the law of salvage adopted in
Brussels in 1910 which incorporated the "'no cure, no pay" principle
under which a salvor is only rewarded for services if the operation is
successful.
 Other Conventions and Codes
• Although this basic philosophy worked well in most cases, it did not take
pollution into account. A salvor who prevented a major pollution incident
(for example, by towing a damaged tanker away from an environmentally
sensitive area) but did not manage to save the ship or the cargo got
nothing. There was therefore little incentive to a salvor to undertake an
operation which has only a slim chance of success.
• The 1989 Convention seeks to remedy this deficiency by making
provision for an enhanced salvage award taking into account the skill and
efforts of the salvors in preventing or minimizing damage to the
environment.
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• Special compensation
The 1989 Convention introduced a "special compensation" to be paid to
salvors who have failed to earn a reward in the normal way (i.e. by
salving the ship and cargo).
• Damage to the environment is defined as "substantial physical damage
to human health or to marine life or resources in coastal or inland waters
or areas adjacent thereto, caused by pollution, contamination, fire,
explosion or similar major incidents."
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• The compensation consists of the salvor's expenses, plus up to 30% of
these expenses if, thanks to the efforts of the salvor, environmental
damage has been minimized or prevented. The salvor's expenses are
defined as "out-of-pocket expenses reasonably incurred by the salvor in
the salvage operation and a fair rate for equipment and personnel
actually and reasonably used".
• The tribunal or arbitrator assessing the reward may increase the amount
of compensation to a maximum of 100% of the salvor's expenses, "if it
deems it fair and just to do so".
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• If, on the other hand, the salvor is negligent and has consequently failed
to prevent or minimize environmental damage, special compensation
may be denied or reduced. Payment of the reward is to be made by the
vessel and other property interests in proportion to their respective
salved values
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WRECK REMOVAL CONVENTION
• Nairobi International Convention on the Removal of Wrecks
• Adoption: 18 May, 2007; Entry into force: 14 April 2015
• The Nairobi International Convention on the Removal of Wrecks, 2007,
was adopted by an international conference held in Kenya in 2007. the
Convention provides the legal basis for States to remove, or have
removed, shipwrecks that may have the potential to affect adversely the
safety of lives, goods and property at sea, as well as the marine
environment.
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• The Convention provides a set of uniform international rules aimed at
ensuring the prompt and effective removal of wrecks located beyond the
territorial sea.
• The Convention also includes an optional clause enabling States Parties to
apply certain provisions to their territory, including their territorial sea.
• These problems are three-fold:
• First, and depending on its location, a wreck may constitute a hazard to
navigation, potentially endangering other vessels and their crews;
• Second, and of equal concern, depending on the nature of the cargo, is the
potential for a wreck to cause substantial damage to the marine and
coastal environments; and
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• Third, in an age where goods and services are becoming increasingly
expensive, is the issue of the costs involved in the marking and removal of
hazardous wrecks.
• The convention attempts to resolve all of these and other, related, issues.

• The Convention provides a sound legal basis for coastal States to remove,
or have removed, from their coastlines, wrecks which pose a hazard to
the safety of navigation or to the marine and coastal environments, or
both. The treaty also covers any prevention, mitigation or elimination of
hazards created by any object lost at sea from a ship (e.g. lost
containers).
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• The Convention makes ship owners financially liable and require them to
take out insurance or provide other financial security to cover the costs
of wreck removal. It also provides States with a right of direct action
against insurers.
• Articles in the Convention cover:
• reporting and locating ships and wrecks - covering the reporting of
casualties to the nearest coastal State; warnings to mariners and coastal
States about the wreck; and action by the coastal State to locate the ship or
wreck;
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• criteria for determining the hazard posed by wrecks, including depth of water
above the wreck, proximity of shipping routes, traffic density and frequency,
type of traffic and vulnerability of port facilities. Environmental criteria such
as damage likely to result from the release into the marine environment of
cargo or oil are also included;
• measures to facilitate the removal of wrecks, including rights and obligations
to remove hazardous ships and wrecks - which sets out when the ship owner
is responsible for removing the wreck and when a State may intervene;
• liability of the owner for the costs of locating, marking and removing ships
and wrecks - the registered ship owner is required to maintain compulsory
insurance or other financial security to cover liability under the convention;
and settlement of disputes.
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Casualty Investigation Code
• Write short notes on Investigation of casualty.
• The act defines casualty as ship lost, abandoned, stranded materially
damaged; or any ship causing loss or material damage to any other ship
or by reasons of any casualty any loss of life happening on board a ship;
all events happening on or near coasts of India. Further casualty takes
place at any place other than on or near the Indian coast, will be treated
as shipping casualty if there occurs loss/ abandonment, stranding,
material damage to or on board an Indian ship and any competent
witness is found in India.
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• When any casualty occurs, the Master / owner is required to report to
the officer appointed by the Central Government. This officer will hold a
preliminary inquiry and send the report to the central government.
• If the central government direct, he will make an application to the court
empowered under section 361 of the act, requesting it to make a formal
investigation into the shipping casualty. A Judicial Magistrate first class or
a Metropolitan Magistrate is empowered to conduct the investigation.
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• The court conducting formal investigation exercises power to examine
evidence, regulation of proceedings, constitution of assessors, to order
an arrest and enter a vessel to censure master, mate or engineer and to
transmit the full report of conclusions of investigation and inquiries to
the Central Government. The master, mate or engineer who is given an
opportunity to make defence if found guilty of causing shipping casualty
will be ordered by the court as deemed fit, to be removed from duties
and to cancel the certificate of competency issued by the Central
Government.
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• Similarly, if any complaint requesting investigation of an inquiry is made
by any master, owner or member of the crew to an Indian consular or
senior officer of Indian Navy, a Maritime Board for the inquiry will be
convened and the investigation and the inquiry will be carried out.
• As far as certificate issued outside India is concerned, the effect of
cancellation will be applicable within India and as far as Indian ships are
concerned, the cancellation of foreign certificate will be effected on
Indian ships irrespective of the area in which the ships ply.
• The central government also has the power to direct an investigation into
explosions or fires happening on board ships located on or near the coast
of India apart from the reported casualties.