MERCHANT SHIPPING ACT OF INDIA (1958)

India has been a maritime country with the inevitable maritime activities in
association. It needs an instrument to conduct its activities. With the growth of
shipping and the country becoming independent, country needed an instrument to
regulate its maritime affairs.

A tool with legal authority was needed to regulate various processes such as:
regulatory, legal, international, coastal, etc.

The purpose of this Act is to ‘foster the development and ensure the efficient
maintenance of an Indian mercantile marine’ in a manner best suited to serve the
national interests.

This Act provides for registration of Indian Ships, which was the greatest achievement
to start with. It is divided into many parts, dealing with specific aspects of merchant
shipping.

Thus, in addition to the registration of ships; registration of sailing vessels and fishing
vessels; manning of ships; engagement, discharge and repatriation of seamen and
apprentices; safety of ‘passenger/ cargo ships; control of Indian ships and ships
engaged in the coasting trade; collisions; prevention and control of pollution of the sea
by oil from ships; limitation of ship owners’ liability; civil liability for oil pollution
damage; were included in the Act.

Merchant Shipping Act (Contents)

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

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

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

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

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

Part VI is certificates of officers. Certificates of Masters, mates, engineers, skippers,

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

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

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

Part IX A deals with nuclear ships.

Part IX B deals with security of ships and port facilities.

Part X A deals with limitation of liability of owners in case of certain damages,

Part X B gives provision for civil liability for oil pollution damage.

Part X C deals with International oil pollution compensation fund.

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

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

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

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

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

Part XV contains the provisions for sailing vessels and

Part XVA deals with fishing boats.

The Part XVI has the provisions for penalties for violation of the provisions of the Act
and procedure thereof.
Part XVII, contains: miscellaneous provisions for: appointing examiners; powers of
ship surveyor; inquiry into case of death on board the ships; etc. Part XVIII is repeals
and savings.