1521511558maritime Law - Capt. Ashish Kapoor PDF

MARITIME LAW FOR MATES & MASTERS 3RD EDITION 2011/12
MERCHANT SHIPPING ACT ( MSA )

(CONSISTS OF 18 PARTS)
Q.) WHAT ARE THE PROVISIONS OF THE MERCHANT SHIPPING ACT

1958 REGARDING CERTIFICATE OF REGISTRY WITH RESPECT TO :
A) CUSTODY & USE OF CERTIFICATE
B) CHANGE OF MASTER OR OWNER
C) DEFACED OR LOST CERTIFICATE
D) SHIPS PURCHASE/CONSTRUCTED FOR AN
INDIAN OWNER
E) ALTERATION OF SHIP AFFECTING HER
TONNAGE & DESCRIPTION
A) CUSTODY AND USE OF CERTIFICATE: The Certificate of registry is to be

used only for the lawful navigation of the ship and is not to be detained by any
owner or mortgagees. The Certificate shall remain in the custody of the person
incharge of the lawful navigation of the ship so that he may produce it as and
when required by the registrar, custom collector or other person where required by
the law.In case, any person having unlawful possession of the COR refuses to
hand it over ,such a person can be summoned by a magistrate and if the person
absconds or refuses to deliver such certificate the magistrate shall certify the facts
and the certificate shall be treated as lost, defaced, for purpose of issue of a new
certificate.
B) CHANGE OF MASTER OR OWNER: The change of master of an Indian ship

has to be endorsed on the certificate of registry by the following as the case may
be:
 In case the master has been removed by a Marine board or court, then the
Presiding officer shall endorse the change.
Ashish Kapoor ( Chief Officer : WALLEM ) Page 1

( EX MASSA MARITIME ACADEMY )
IN ALL OTHER CASES,

An application is made by owner to registrar, who,in turn issues a letter stating
new person appointed as Master. Copy of this letter is sent to the ship which may
be Attached to COR.
Previously following procedure was carried out,

 The change of master is to be endorsed on the Certificate of registry by the
Registrar or any other person authorized by the Central Government at the port
where the change is made.
 The endorsement is made by the Indian Consular officer at the port of
change if the change is made outside India.
Any Custom Collector at any port in India may refuse to Permit any person to act
as master of an Indian Ship if his name is not endorsed on the COR as the last
appointed Captain of the ship.
The Change Of Owner has to be endorsed on COR by the Registrar at the ship’s
port of Registry or by Registrar of another port where the ship may be, who has
been advised of the change by the registrar of ship’s port of Registry.
The Master is responsible for handing over the certificate of registry to the
Registrar for endorsement of change of owner & if he does not do so, the fine is
Rs 1000/-.
C) DEFACED OR LOST CERTIFICATE: When the certificate of Registry is

defaced, it should be submitted to the registrar for the issue of a new certificate in
lieu of the original. If the certificate is lost, the ship’s registrar shall grant a new
certificate. If the certificate is lost, while the ship is at any port other than an
Indian port, then the master or any other knowledgeable person should make a
declaration stating the facts and the name of the owners to the nearest Indian
consular officer who may issue a provisional certificate stating the circumstances
under which it has been issued. The provisional certificate shall be delivered to the
registrar at the ships port of registry within 10 days of the ships arrival in India
and the registrar shall grant a new certificate of registry. If the lost certificate is

found then it must be surrendered to the registrar at the ships port of registry for
cancellation.
D) SHIPS PURCHASED / CONSTRUCTED ABROAD: In case a ship becomes

entitled to become an Indian ship at a port outside India, her master shall apply to
the nearest Indian consular officer who may issue a provisional certificate stating
the particulars of the ship and he shall also forward a copy to the D.G shipping.
The validity of such a certificate is 6 months or until the ship arrives at an Indian
port having a registrar of ships.
E) ALTERATION OF THE SHIP AFFECTING HER TONNAGE AND

DESCRIPTION: When a registered ship is so altered that she does not correspond
to her tonnage or description as entered on the certificate of registry, the registrar
at that port or the first port at which the ship arrives shall, on application being
made to him stating the particulars of alterations made, either cause the alteration
to be registered or direct that the ship be registered anew. The registrar may
indicate the alteration on the existing certificate or issue a new certificate after
retaining the old certificate of registry. In case the above is done by a registrar
who is not the registrar of the ships port of registry, he shall forward the
particulars of alteration or the old certificate as the case may be to the registrar at
the ships port of registry for the entry to be made in the registry book. If a
provisional certificate by Indian consular officer is issued then all the details are to
be forwarded to the registrar at ships port of registry.
Q. STATE THE PROCEDURE FOR TRANSFERING THE REGISTRY OF AN

INDIAN SHIP FROM ONE INDIAN PORT TO ANOTHER?
Ans. The registry of any Indian ship may be transferred from one Indian port to
another Indian port with the prior approval of D.G shipping. All persons entered as
owner and mortgagees in the register book must apply to the registrar at the
vessels existing port of registry. Such a transfer does not effect the rights of the
owners or the mortgagees. The present registrar shall then inform the registrar at
the intended port of registry giving all the details as contained in the registry book.
The existing certificate of registry may be handed over to the registrar at the

vessels present port of registry or to the registrar at the intended port of registry. If
the certificate of registry is handed over to the registrar at the existing port of
registry, he shall forward the same to the registrar of the ships intended port of
registry. The registrar at the ships intended port of registry will then enter all the
particulars as informed to him in the registry book, and issue a new certificate of
registry. The registrar at the vessels intended port of registry shall also cause the
name of the ships new port of registry to be marked on the ship.
Q. WHAT ARE THE GENERAL OFFENCE AGAINST DISCIPLINE FOR

WHICH A SEAMAN MAY BE PENALISED IN ACCORDANCE WITH
MERCHANT SHIPPING ACT 1958? WHAT ARE THE OFFICIAL LOG BOOK
ENTRIES REQUIREMENTS WITH REGARDS TO SUCH OFFENCES?
Ans. The General offences against discipline for which a seaman or apprentice
may be penalized as per MSA 1958 are:
a) If he does any act which causes damage to or loss of the ship or injury or
threat to the life of any person on board.
b) If he refuses or omits to do any act to save the ship from damages or loss or
any person on board from injury or threat to life.
c) If he deserts the ship.
d) If he refuses to join the ship or to sail after joining without reasonable cause.
e) If he is absent from his duty without reasonable cause.
f) If he is guilty of neglect of duty or willful disobedience to any lawful
command.
g) If he is guilty of continued willful neglect of duty or continued willful
disobedience to lawful command.
h) If he assaults the master, officer, seaman or apprentice belonging to the ship.
i) If he combines with other crew to disobey lawful commands or neglect his
duty or impose the navigation of the ship or delay her voyage.
j) If he willfully damages the ship her stores or cargo or commits criminal
misappropriation of breach of trust.
k) If a seaman or apprentice is convicted of an offence of smuggling any goods
which may cause any loss or damage to Master or owner.

l) If a seaman is convicted of an offence of Smuggling of drugs.
In case of any of the above offences committed by a seaman:

1. An entry to the above shall be made in the official log book and be signed by
the master, mate and one of the crew.
2. A copy of the entry shall be given to the offender and it shall also be read out
and explained to him. If the offender makes any reply, it shall also be entered in
the official log book and signed as above. A statement that a copy has been
furnished and the entry has been read out to the offender shall also be entered in
the official log book & be signed by the master, mate and a member of the crew.
Any court hearing proceedings of a case of offence against the offender may
dismiss the case if the above entries in the official log book or proof thereof, are
not produced.
Q. WHAT ARE THE DUTIES OF MASTER AS REGARDS SEAMAN OR

APPRENTICE WHO DIES ON BOARD DURING A VOYAGE AND AS
REGARDS DEALING WITH HIS WAGES AND PROPERTY AS PROVIDED
IN MERCHANT SHIPPING ACT 1958?
Ans. When any seaman or apprentice engaged in a voyage due to terminate in

India dies, the master shall inform the next of kin of the deceased and the shipping
master at the seaman’s port of engagement. The master shall take charge of any
money and effects of the deceased seaman on board the ship and make the
following entries in the official log book:
• Details of money & other effects of the seaman or apprentice.
• A statement of wages due & any deduction from such wages.
• A statement of the death & the cause thereof.
The ships arrives at & remains for at least 48 hours at any port outside India then
the master must inform the Indian consular officer who may take over the property
of the deceased and endorse the same on the crew agreement as well as issue a
receipt to the master. On arrival of the ship in India the master shall furnish such
receipt to the shipping master within 48 hours & in other cases hand over the

property of the deceased to the said ship master on compliance. The shipping
master shall issue to the master of the ship a certificate to that effect.
No deductions are allowed from the wage of the deceased unless supported
by an entry in the official log book & the required vouchers.
Q. DISCUSS THE PROVISIONS OF THE MERCHANT SHIPPING ACT 1958 AS

REGARDS UNSEAWORTHY AND UNSAFE SHIP’S. WHAT ARE THE
PROVISIONS OF MSA 1958 AS REGARDS:
A) SENDING AN UNSEAWORTHY SHIP TO SEA AND
B) OBLIGATION OF OWNER AND MASTER TO CREW WITH RESPECT TO
SEAWORTHINESS
C) EXPLAIN CERTIFICATE OF SEAWORTHINES
D) EXPLAIN INTERIM CERTIFICATE OF CLASS.
Ans. The MSA 1958 defines an UNSEAWORTHY ship when the materials of
which she is made, her construction, the qualification of the master, the number,
description and qualification of crew including officers, the weight, description
and stowage of the cargo and ballast, the condition of her hull & equipment,
boilers & machinery are not such render her in every respect fit for the proposed
voyage or service.
UNSAFE Ship means, because of the defective condition of her hull, equipment or
machinery, or by reason of overloading or improper loading, is unfit to proceed to
sea without serious danger to human life.
The central government may detain any unsafe ship for the purpose of being
surveyed or finally detained. A written statement of the grounds of detention shall
be immediately served to the master of the ship. The ship shall be surveyed & on
receiving the report of the survey, the ship may be released or detained either
absolutely or until the required repairs or alteration or unloading of cargo as in
necessary for the protection of human life. Before an order of final detention is
made, the master of the ship must be served with a copy of report and he may
appeal against the report within 7 days.
The ship owner or the master of detained ship may appoint an assessor
to accompany the surveyor appointed by the central government. If the assessor &

the surveyor agree on the final findings the ship may be released or detained as the
case may be. If the two disagree the assessor report is ignored and the duly
appointed surveyor has the final say.
The appointed detaining officer shall report any order of detention or
release of a ship to the central government.
If the ship is wrongfully detained the central government has to make
good any loss suffered by the ship due to her wrongful detention.
A) Every person who sends or attempts to send an unseaworthy ship to sea from
any port in India so that it endangers the life of any person, is guilty of an offence
(imprisonment 6 months and/ or Rs. 1000/-) unless he can prove that he took all
measures to ensure that the ship is in a seaworthy state before she proceeds to sea
or that it was justifiable to send the ship to sea in unseaworthy state.
Every master of an Indian ship who takes an unseaworthy ship to sea such as to
endanger the life of any person is guilty of an offence unless he proves that he was
justified in taking the unseaworthy ship to sea.
B) In every agreement with the crew & in every contract with an apprentice it is
implied that the owner, master, every agent in charge of loading or preparing the
ship for sea shall insure that she is in a seaworthy state at the commencement of
the voyage & during the voyage. Upon request of the owner or otherwise the
central government may appoint a surveyor to survey the hull, equipment &
machinery of any sea going ship.
C) Certificate of seaworthiness if a ship sustain any damage to her hull or
machinery or grounds & refloats the master must cause the ship to be surveyed at
the next port of arrival. An entry should be made in the official log book & a
protest noted at the first opportunity. It is advisable to use a classification society
surveyor & if he(surveyor of other class) is satisfied that the ship is fit in every
respect to continue her voyage, he will issue a certificate of seaworthiness.
D) Interim certificate of class: This certificate is issued by the class surveyor
after the survey & findings or recommendations recorded on Certificate. The
surveyor may require that the damaged ship be dry-docked for further examination
at a named subsequent port.

It is very important to obtain the appropriate certificate as if anything goes wrong

at a later stages of the voyage & is traced back to the incident which required a
survey not only is the vessel insurance jeopardized but also the owner will loose
his rights to claim the benefit of any exception clause in the contract of
affreightment.
Q. WHAT ARE THE ENTRIES TO BE MADE IN THE OFFICIAL LOG BOOK

WITH REGARD TO SEAMAN & APPRENTICE AS REQUIRED BY THE
MERCHANT SHIPPING ACT 1958? HOW & WHEN ARE THE ENTRIES TO BE
MADE?(Section 212)
Ans. The entries to be made in the official log book with regard to seaman &
apprentice are as follows:
a) Every conviction by a legal tribunal & the punishment inflicted.

b) A record of every offences committed for which it is intended to prosecute
or levy a fine alongwith a statement of the reading out of the entry & the
record of the reply.
c) A record of every offence for which a punishment is inflicted & the
punishment inflicted.
d) A report on the quality of work of every seaman, if the master declines to
make a comment on the above then a statement to that effect & the
reasons thereof.
e) A record of every injury or illness & the treatment thereof.
f) A record of every death on board & the reason thereof.
g) A record of every birth on board. The child’s sex & the names of the
parents.
h) Every marriage on board is to be recorded alongwith the names of the
parties.
i) The name of every seaman or crew who cease to be the member of the
crew otherwise than by death with the place, time & reasons thereof.
( eg: Sign-off / evacuation)
j) The wages due of any seaman & apprentice who dies on board & the gross
amount of deduction therefrom.
k) The money & any property of a seaman or apprentice who dies during the
voyage.
l) Any other matter as prescribed.
Other Entries in OLB :-
 Collision
 Casualty
 Handing over documents on Change of command.
 Taking over & Hand over of command
 Inspection of Food, provisions & accommodation
 Port particulars & dep drafts when proceeding to sea.
 LSA FFA Inspection
 Radio Room Batteries
 W/T Doors on Passenger ships.
 Distress received & action.
The entry is to made as soon as possible after the occurrence to which it relates. If
it is not made on the same day then the date of occurrence to which it relates & the
date of making the entry are to be recorded,if the entry is regarding an occurrence
before the vessels arrival at her final port of discharge,entry shall be made within
24 after the vessel arrival.
Every entry shall be signed by the master & the mate or some other member of the
crew & also by the ship’s medical officer, if it is regarding an injury or death, if it
is about the wages due or the property of a seaman or apprentice who dies during
the voyage then the entry is to be signed by the master, mate & a member of the
crew.
Q.GIVE THE GENERAL TERMS OF THE ARTICLES OF AGREEMENT AS

PROVIDED IN THE MERCHANT SHIPPING ACT 1958?(Section 101)
a. Five original copies of the articles of agreement may be signed between the
employer/employer's agent and the seafarer ashore. This signing on will be done
in the office of the employer/employer's agent, and not in the presence of the

Shipping Master. The seafarer shall report on board ship with the first three signed
original copies which shall be signed by the Master and the seafarer on board the
ship. After this, the 1st and 3rd original copies would remain in the custody of
Master whereas the 2nd original copy would be in possession of the seafarer.
b. After the first three original copies have been taken on board the ship, there will
be two original copies left with employer/employer's agent. The 4th & 5th original
copies would not have signatures made by Master or by seafarer on board the ship.
The 4th original copy will be retained by the employer/employer's agent. The last,
namely the 5th original, copy will be forwarded by the employer/employer's agent
to the concerned Shipping Master for record at the earliest and in any case not
later than 48 hours of seafarer signing off the agreement ashore in India in the
office of employer/employer's agent.
The Articles of Agreement must be in the prescribed from & is to be dated at the
time of first signature of the crew & prior to this it must be signed by the owner or
agent & the master. The crew agreement must contain details of the following
terms:
1. The name of the ship or ships on which the crewman agrees to serve.
2. The nature & duration of the voyage & the parts of the world to which the
voyage is not extended.
3. The number & description of the crew of each department.
4. The time, the seaman is to report on board.
5. The capacity in which the seaman is to serve.
6. The seaman’s wages.
7. A scale of provisions to be furnished to each seaman, such scale being not
less than as laid down by the central government.
8. Details of warm clothing & provisions to be supplied in specified cold
regions.
9. Regulations regarding conduct on board & details of fines & punishments as
laid down by the central government.
10. Payment of compensation for injury or death.
11. In case the services are to be terminated outside India then the agreement is
to provide free repatriation back to India.

12. Any other stipulation that may be required.
In case there is any dispute between the owner or agent & the master of the ship &
a seaman such a dispute shall be referred to the nearest Indian consular officer &
his decision shall be binding till the ship returns to the port in India at which the
seaman is to be finally discharged.
The agreement must record the requirements of advance & allotments & other
stipulation not contrary to law.
The master shall provide the copy of agreement to the members of the crew.
Any change in a crew agreement is only valid if it is made with the consent of all
the parties concerned & the same is to be attested by the shipping master in India
or by an Indian consular officer outside India.
Q.WHAT IS:
1. SPECIAL TRADE?
2. SPECIAL TRADE PASSENGER?
3. SPECIAL TRADE PASSENGER SHIP?
4. WHAT ARE SUBDIVISION LOADLINES?
5. WHAT CERTIFICATES ARE TO BE CARRIED BY SPECIAL TRADE
PASSENGER SHIPS INTENDING TO CARRY SPECIAL TRADE
PASENGERS AS PROVIDED IN MERCHANT SHIPPINH ACT 1958?
Ans. 1. Special trade means the transporting of a large number of passengers by

sea within prescribed areas.
2.Special trade passenger means a passenger carried in special trade passenger
ships in spaces on weather deck or upper deck or between decks which includes
pilgrim or person accompanying pilgrim.
3. A special trade passenger ship means a mechanically propelled ship carrying
more than 30 special trade passengers.
4. With respect to passenger ships sub division load lines are marked so as to
indicate the depth to which the ship may be loaded having regard to the extent to
which the ship is subdivided & the space which has been allotted to passengers.
No ship shall be loaded so as to submerge the appropriate subdivision loadline in
salt water. If she is so loaded the ship is to detained until she cease to be so loaded.

5. A ship intended to carry special trade passengers to or from ports within India is
required to have been issued a certificate “A” & a certificate “B”.
A ship intending to carry special trade passengers to or from or to a port in India to
or from a port outside India must have the following certificates:
a) A passenger ship safety certificate
b) An exemption certificate
c) A special trade passenger ship safety certificate
d) A special trade passenger ship space certificate &
e) A certificate “B”.
The customs collector who is to grant port clearance shall not do so unless the ship
is carrying the appropriate certificates.
Q.DISCUSS THE PROVISIONS OF MERCHANT SHIPPING ACT 1958 REGARDING

THE INSPECTION OF PROVISIONS, WATER & ACCOMODATION.
A) BY SHIPPING MASTER & THE PORT HEALTH AUTHORITIES IN PORT.
B) BY THE MASTER AT SEA INCLUDING ACTION TO BE TAKEN IF
DIFICIENCES ARE FOUND?
Ans. All Indian ships are required to have sufficient provisions & water of good
quality as laid down in the crew agreement. The accommodation provided has to
comply with the rules as laid down by the central government.
The shipping master or port health authorities may at any time or upon the request
of the master or three or more of the crew board & inspect the following:
1. The provisions & water
2. The weight & measures
3. The accommodation for seaman
As well as the space & equipment used for the storage & handling of provisions &
water & the galley & other equipment used for the preparation & service of meals.
The master of an Indian ship at sea shall once in every 10 days cause an inspection
of the provisions & water provided for the use of seaman & apprentice & the crew
accommodation. To check if they are being maintained as required by the act. The
person making such inspection shall enter the result in a book specially kept for
this purpose.
Any shipping master or port health official may detain the ship until
any deficiency with regards to the quality & quantity of the provisions & water
have been rectified. An entry of the inspection & the results thereof will be made
in the official log book.
If the crew accommodation has been found unhygienic or deficient the
person may detain the ship until the defects are rectified. In any case he shall
signify his findings in writing to the master.
Q. A) WHAT ARE THE PROVISIONS OF MERCHANT SHIPPING ACT 1958

AS REGARDS REPORTING & COMMUNICATION OF INTELLIGENCE
REGARDING DANGERS TO NAVIGATION?
B)WHAT ARE THE CONTENTS OF:
1.CERTIFICATE “A” 2. CERTIFICATE “B”?
Ans. A) The master of every Indian ship which encounters dangerous ice, a
dangerous derelict, a tropical storm or any other direct danger to navigation or
subfreezing temperature with gale force winds, causing severe ice acceretions on
superstructures or gale force winds for which no storm warning has been received
shall inform ships in the vicinity & send the appropriate information by all means
of communication available to him to the appropriate authorities ashore.
The appropriate authority ashore on receiving such information shall as soon as
possible communicate it to such ships & authorities as it deems proper. No fees
shall be charged to any ship for communication any intelligence as required by
this section of this act.
B)Certificate “A”: It shall be in the prescribed form & shall contain the prescribed
particulars in addition to the following statements & particulars:
1. That the ship is seaworthy
2. That the ship is properly fitted equipped & ventilated
3. The number of special trade passenger the ship is certified to carry.

The certificate shall remain in force 1 year or the lesser period as

indicated on the certificate. The certificate is to be prominently displayed on board
the ship.
Certificate “B”: The certificate shall be in the prescribed form & shall state:
1. The voyage description & intermediate ports the ships have to touch.
2. That she has proper complement of officer & crew.
3. That the master holds:
a) A certificate of survey & certificate “A” or
b) A passenger ship safety certificate along with an exemption certificate. A
STP ship safety certificate along with a STP ship space certificate or
c) A nuclear passenger ship safety space certificate
4. That she has on board the required number of medical officers & attendants.
5. That the food, water & fuel & above that is required for the crew is on board
& is of good quality.
6. If the voyage is to be made in the foul weather & the STP are to be carried
on deck then adequate bulwarks & means of protection from the weather have
been provided.
7. In case of a STP ship the number of cabin & special trade passengers on
board at the port of embarkation.
8. Any other particulars that may be required for STP or Pilgrim ships.
Q. A) WHAT IS “SHIPPING CASUALTY” AND THE PROVISIONS UNDER

THE MSA 1958 FOR REPORTING IT?
B)WHAT IS INCLUDED UNDER THE DEFINITION OF”WRECK” UNDER
MSA 1958? WHAT ARE THE PROVISIONS OF MSA 1958 AS REGARDS
THE PRESERVATION OF LIFE & PROPERTY OF A VESSEL WRECKED
ON OR NEAR THE INDIAN COAST?
Ans. A) A shipping casualty shall be deemed to occur when:

1. On or near the coast of India, any ship is lost, abandoned, stranded or
materially damaged.

2. On or near the coast of India, any ship causes loss or material damage to any
other ship.
3. Any loss of the life due to any casualty happening to or on board any ship on
or near the coast of India.
4. In any place, any such loss, abandonment, stranding, material damage or
casualty occurs to or on board any Indian ship & any competent witness thereof is
found in India.
5. Any Indian ship is lost or supposed to have been lost & any evidence is
obtainable in India as to the circumstances under which she proceeded to sea or
was last heard of.
In case 1,2,3 the master, harbor master or pilot & in case of 4 the master of the
ship on arrival in India shall immediately inform the appointed officer of the
shipping casualty.
Whenever the appointed officer receive creditable
information of a shipping casualty he shall inform the central government & may
make a preliminary investigation into the cause of the shipping casualty & shall
send the report of the preliminary investigation to the central government.
B)Under MSA 1958 the word Wreck includes the following when found in the sea
or in the tidal waters or on the shores thereof:
1. Goods which have been cast or fallen into the sea & then sink or remain
underwater.
2. Goods which have been cast or fall into the sea & remain floating on the
surface.
3. Goods which are sunk in the sea, but are attached to a floating object in order
that they may be found again.
4. Goods which are thrown away or abandoned and
5. A vessel abandoned without hope or intention of recovery
The central government appoints the receiver of wrecks & it is his duty to take all
action necessary for the preservation of the vessel & the lives of persons belonging
to the vessel & of its cargo & equipment. Such person shall not interfere between
the master & the crew of the vessel with respect to the management of the vessel,
Unless the master requests him to. Adjoining lands may be used for providing

assistance or landing the vessel cargo, equipment or persons without any

intruption by the owner of such lands. Any damage caused by such an act is a
charge upon the ship, cargo & equipment by which such damaged is caused.
The receiver of wreck may take such steps & use such
force as he thinks necessary to suppress any disorder or obstruction of the vessel
or shipwreck persons, cargo or equipment.
Q. EXPLAIN PROCEDURE OF INVESTIGATION & ENQUIRY FOLLOWING

A CASUALTY?
Q. POWERS OF COURT ?
Q. POWERS OF MARINE BOARD ?
 After the officer appointed for shipping casualty, he submits the information
received in writing to CG and may proceed to make a Preliminary Inquiry.
 After the preliminary enquiry, the report of the same is forwarded to the CG.
 The officer may or where the CG directs shall make application to the court
requesting it to make a Formal Investigation and the court shall thereupon
undertake a Formal Investigation.
 The court may make an inquiry in any charge of Incompetence or
Misconduct on part of Master, Mate or Engineer.
 Before commencement of such inquiry such a master, mate or engineer will
be given a statement of the case upon which inquiry is directed.
 If the CG has reason to believe that there are grounds for charging any
master, mate or engineer with incompetence or misconduct, may transmit a
statement of the case to the court.
 Before the court commences inquiry it shall give a written statement to the
master, mate or engineer so charged giving him opportunity of making a
Defense.
POWERS OF COURT ( of Survey )
 If the court thinks it necessary for obtaining evidence that an person should
be arrested, it may issue a warrant for his arrest.

 It may authorize any officer to enter any vessel for the purpose of making
such arrest.
 If found guilty, the court may cause such person arrest or commit him or
hold him to bail to take trial before proper court.
 A certificate of the master, mate or engineer which has been granted by the
CG may be cancelled or suspended.
• by court holding formal investigation into a Shipping Casualty if the
court finds that loss, stranding or abandonment or damage to the ship
or loss of life has been caused by the wrongful act or default of the
master, mate or engineer.
• By court holding an enquiry into conduct of Master, mate or engineer if
it finds that he is Incompetent or has been guilty of any gross act of
drunkenness, tyranny or other misconduct or in the case of collision
has failed to render assistance or give information.
 Where it appears to the court that cancellation or suspension is not

justifiable, it may pass an order Censuring the master, mate or engineer.
 The Judicial Magistrate of the first class may remove the Master of any ship
within his jurisdiction if he thinks necessary.
 Such removal may be made upon application from owners of any ship or his
agent or 1/3rd the view of the ship.
 The Judicial Magistrate may appoint a new Master instead of the one
removed.
CONVENING ,CONSTITUTION & POWERS OF MARINE BOARD
Whenever-
(a) a complaint is made to an Indian consular officer or senior officer of any

ship of the Indian Navy in the vicinity (hereinafter referred to as naval
official) by the master or any member of the crew of an Indian ship and
such complaint appears to the Indian ship and such complaint appears to
the Indian consular officer or naval officer, as the case may be, to require
immediate investigation; or

(b) the interest of the owner of an Indian ship or of the cargo thereof appears to an
Indian consular officer or naval officer, as the case maybe to require it; or
(c) a complaint is made to an Indian consular officer or an Indian consular officer
against the master or any of the officers of an Indian ship; or
(d) any Indian ship is lost, abandoned or stranded at or neat the place where an
Indian consular officer or naval officer maybe or whenever the crew or part of the
crew of any Indian ship which has been lost, abandoned or stranded arrives at that
place; or
(e) any loss of life or any serious injury to any person has occurred on board an
Indian ship at or near that place;
the Indian consular officer or the naval officer, as the case maybe, may, in his
discretion, convene a Board of Marine Inquiry to investigate the said complaint or
allegation or the matter affecting the said interest or the cause of the loss,
abandonment or the stranding of the ship or of the loss of life or of the injury to
the person.
CONSTITUTION
(1) A Marine Board shall consist of the officer convening the Board and two other
members.
(2) The two other members of the Marine Board shall be appointed by the officer
convening the Marine Board from among persons conversant with maritime or
mercantile affairs.
(3) The officer convening the Marine Board shall be the presiding officer thereof.
POWERS OF MARINE BOARD.
(1) A Marine Board may, after investigating and hearing the case-
(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 that loss, abandonment or stranding of or serious damage
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:
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 defense either in person or otherwise;
(c) discharges a seaman from an Indian ship and order the wages of any seaman so
discharged or any part of those wages to be forfeited;
(d) decide any question as to wages, fines or forfeitures arising between any of the
parties to the proceedings;
(e) direct that any or all of the incurred by the master or owner of an Indian ship or
on the maintenance of a seaman or apprentice while in prison outside India shall
be paid out of, and deducted from, the wages of that seaman or apprentice,
whether earned or subsequently earned;
(f) if it considers such a step expedient, order a survey to be made of any Indian
ship which is the subject of investigation;
(g) order the costs of proceedings before it or any part or those costs, to be paid
any of the parties thereto, and may order any person making frivolous or
unjustified complaint to pay compensation for any loss or delay caused thereby
and any person shall be paid by that person accordingly and may recovered in the
same manner in which wages of seaman recoverable or maybe deducted from the
wages due to that person.
(2) All orders ,made by a Marine Board shall, whenever practicable, be entered in
the official log book of 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.

Q.WHAT ARE THE OBLIGATION OF THE MASTER UNDER THE

MERCHANT SHIPPING ACT 1958, AS REGARDS RENDERING
ASSISTANCE a) TO VESSEL INDISTRESS b) IN CASE OF COLLISIONS
WITH ANOTHER VESSEL.
Ans. a) Every master of an Indian ship at sea on receiving a distress signal or

information that another ship or aircraft is in distress, shall proceed with all
possible speed to their assistance, informing them if possible that he is doing so,
unless he is unable or considers it unnecessary in the given circumstances or is
released from his obligation to do so. If the master of an Indian ship who has
answered the distress call is requisitioned, then he shall proceed to the assistance
of the other vessel with all possible speed. The master of the requisitioned ship is
released from the obligation to proceed to the assistance of the ship in distress. If
he is informed so by the person in distress or by the master of another ship on the
site that his assistance is no longer required.
If the master of an Indian ship is unable to proceed for the
assistance of a ship in distress he shall make a statement to that effect in the
official log book, stating his reasons for not doing so. Any entry shall be made in
the official log book of every distress signal received.
b) In every case of collision it is the duty of the master, if he can do so without

danger to his own ship, crew & passenger if any:
1) To render all assistance to the master, crew & passenger of the other ship so as
to save them from any danger caused by the collision & to stay by the other ship
till he has ascertained that she has no further need of assistance.
2) To give to the master of the other ship the name of his own ship, the name of
the port to which belongs & the names of the ports which she is coming from &
going to.
The master must make an entry in the official log book of the collision & the
cause of the collision. Inform the nearest principle officer:- vessel name, official
number, port of registry & present location.

Q.WHAT ARE THE DUTIES OF THE MASTER UNDER MERCHANT

SHIPPING ACT WHEN HIS VESSEL MEETS WITH A MAJOR ACCIDENT?
Ans. Under both the MSA 1958 & international laws it is the duty of the master to
ensure the seaworthiness of his vessel. Further if the accident is due to a collision
the master must if he can do so without danger to his own ship, crew & passenger,
if any:
1. Render all assistance to the other ship, her master, crew & passenger if any,
to save them from any danger caused due to the collision & should stay by the
other ship until he has ascertained that she longer needs assistance and,
2. Inform the master of the other ship of the name of his ship, its port of
registry & the names of the ports she is coming from & going to.
Immediately after the collision the master should make an entry in the
OLB stating the details of the collision & the circumstances under which it
occurred. The entry is to be signed by the master & the mate or nay one of the
crew.
Where an Indian ship has sustained or caused an accident which
results in the loss of life or serious injury or which affects her seaworthiness or her
hull or M/C in any part or the ship is so altered that she does not correspond with
the particulars in any certificate issued under the MSA 1958 w.r.t the ship, the
owner or the master of the ship shall inform the C.G or P.O within 24 hours of the
occurrence or as soon as possible thereafter of the details of the accident, the ship
name, official no. , port of registry & the present location of the ship.
The master must keep in mind his duty to ensure that the ship is
seaworthy & to this effect he shall inform the owner, charterers & underwriters. At
the vessels first port of call after the accident the master should arrange for a
survey of the vessel. The master must also note protest reserving his right to
extend the protest.
Ideally the vessel should be surveyed by a classification society
surveyor & if he finds the vessel fit to proceed on her voyage he can grant a
certificate to this effect or he may issue a qualified certificate stating that the ship
be dry docked for further examination at a named subsequent port. Such a

certificate is called an interim certificate of class. The surveyor shall forward his
report to the committee of the classified society.
If a classification society surveyor is unavailable the master may
consult the Indian consular officer. If the services of another surveyor are used &
he is satisfied that the ship is seaworthy to complete her voyage, he will issue a
“Certificate of seaworthiness”. In this case it is imperative that the vessel be
surveyed by a classification society surveyor at the earliest opportunity where no
qualified surveyor is available the master of the damaged V/L may request 2
masters of any ship to carry out the survey & incase of M/C damage the survey
should be carried out by a shipmaster & a chief engineer. In this case also the
master must cause a survey to be carried out by a classification society at the
earliest oppurnity.
In case the V/L has to undergo repairs the underwriters should be informed so that
they can carry out a survey as required by the tenders clause of the marine
insurance policy. Failure to do so may result in a 15% deduction from the bill of
repairs by the underwriters.
With regards o the certificate of seaworthiness or the interim certificate of class it
is important to note that if the master fails to obtain such a certificate and any loss
or damage to the V/L, M/C, equipment or her cargo takes place then not only will
the vessel loose her right to insurance but also be unable to take protection under
the exception clause of the contract of affreightment.
Q. WHAT ARE THE PROVISIONS MERCHANT SHIPPING ACT 1958 W.R.T

DESERTION & ABSENCE WITHOUT LEAVE OF A SEAMAN FROM HIS
SHIP?
Ans. No lawfully engaged seaman:

1. Shall desert his ship or
2. Shall neglect or refuse without reasonable cause to join the ship or to
proceed to sea in his ship or be absent without leave within 24 hours of the ship
sailing at the commencement of the voyage or during the progress of a voyage or
be absent at the time from the ship of his duty without reasonable cause.
The ship being unseaworthy is considered to be a reasonable cause
provided the seaman has already complained to the master or shipping master or

port health officer or any other appointed officer before absenting himself that the
ship is unseaworthy.
If the seaman absents himself from his ship without leave, then the proper
officer shall report the same to the D.G shipping, who may direct that the
seaman’s certificate of discharge or CDC be with held for a specified period.
The master, owner, agent or the mate of the ship may cause the required
force to be used for a deserter to rejoin the ship & if the local laws permit so
without first procuring a warrant. If seaman is bought before a court for cause of
desertion or of absence without leave, the court may direct the expenses, incurred
to convey the said seaman on board this ship, be deducted from the seaman’s
wages already earned or to be afterward earned.
Q. PROCEDURE OF DISCHARGE OF A SEAMAN.

.
1) When a seaman serving in a foreign-going ship is, on the termination of his
engagement, discharged in India, he shall, be discharged in the manner
provided by this Act in the presence of a shipping master.
2) The provisions of sub-section (1) shall apply in relation to the discharge of
seamen serving in a home-trade Indian ship of two hundred tons gross or
more, Provided that this sub-section shall not apply where a seaman is
discharged from a ship under an agreement made in accordance with section
103 for service in two or more ships, for the purpose of being engaged in
another ship to which the agreement relates.
3) The master shall sign and give to a seaman discharged from his ship in India,
a certificate of his discharge in the prescribed form specifying the period of
his service and the time and place of his discharge.
4) 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.
5) 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; and the
shipping master shall, if the seaman so desires, give to him or endorse on his
certificate of discharge a copy of such report.
6) 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;
7) If a seaman or apprentice is left behind, the master shall enter in the official
log book 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.
8) 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
(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,
© 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 therefore in the prescribed form.
9) The master shall be entitled to be reimbursed out of the wages or property,
such expenses.
10) The master or owner of the ship shall, in addition to any other relevant
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.
11) 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.
Q. EXPLAIN THE PROCEDURE OF REGISTRATION OF INDIAN

SHIPS.
Ans. Registration if Indian Ships is required only for seagoing ships fitted
with Mechanical means of propulsion &
Every Indian ship greater than 15 NT employed in Navigation on the coasts
of India.
PROCEDURE OF REGISTRATION OF INDIAN SHIPS.
 Registry shall be made at Mumbai, Kolkata, Cochin or Chennai or any other

port as the Central govt. may notify in Official Gazette.
 The Principal officer shall be the registrar of Indian ship at that port and in
his absence the senior most surveyor.
 Application for registry must be made by the person requiring to register as
the owner or his agent. In case of agent, authority of same shall be testified.
 The owner must arrange for the ship to be surveyed by a surveyor
The surveyor shall grant a certificate specifying tonnage & other particulars
describing the ship, and this certificate is then delivered to
Registrar.(CARVING NOTE)
 Based on the information provided by the surveyor, a Declaration of
Ownership shall be prepared and attested, which shall contain :-
• A statement if he is/is not an Indian Citizen.
• A statement of time & place, the ship was built or if built outside
India and time/place unknown, a statement to that effect.
• Name of Master.

• If the ship was earlier registered outside India, a statement of the

name under which she was registered.
• Declaration that all info. Provided is accurate.
 Along with the Declaration of ownership, a builders certificate, signed by
builder, shall be submitted, which contains :-
• True account of tonnage as estimated by builder.
• Time/Place of the build
• Name of person whose account she was built, instrument of Sale.
 The owner of a ship requiring it registry shall have the ship marked
permanently & conspicuously in a manner prescribed by the registrar.
 When all the above is completed successfully, the registrar shall make an
entry in the Register & enter the following :-
• Name of ship & port of registry
• Details in the Surveyor’s Certificate.
• Pariculars of origin from Builder’s Certificate.
• Name & Description of Registered Owner.
On Completion of Registry the Registrar will grant the COR containing

all particulars in the Register & Name of Master.
Q. WHAT ARE THE SIGNIFICANCE OF CERTIFICATE OF

REGISTRY ?
 Most important document required for trading and obtaining Custom

Clearance.
 On Basis of COR, ship is entitled to privileges & subject to obligations of
the Indian Flag.
 Enables the ship to fly the flag of the country she is registered with.
 Ship is obliged to follow the law of country of Registry.
 Shows that Master is lawfully appointed by Port of Registry.
 COR is issued under UNCLOS & Geneva Convention on Registration of

ships.
Q. WHAT ARE THE RIGHTS OF SEAMAN IN RESPECT OF WAGES ?
 A seaman right to wages/provisions begin at the time he begins work or at

the time specified in AOA or his presence on board.
 A seaman, shall not by any agreement, forfeit his Lien on the ship for the
recovery of his wages.
 The wages shall not depend on Freight.
 Where the services of any seaman engaged under this act terminates before
the date in the agreement by reason of Wreck, Loss or Abandonment of ship,
he shall be entitled to, at the rate to which he was entitled at the Date of
Termination till he returned at a proper Return port –
• If employed on Home trade V/L – not less than 1 Months
• If employed on FG Ship - not less than 3 Months
 On his being left on shore at any place outside India on account of his
unfitness or inability to proceed on the voyage, the seaman shall be entitled
to receive at the same as above from his date of termination to return at
Proper return port.
 Seaman shall not be entitled to receive wages if through negligence he failed
to apply to proper authority for relief as Distressed Seaman.
Q. EXPLAIN PROCEDURE FOR RECOVERING WAGES ?
 A seaman/apprentice may as soon as any wages due to him become payable

shall apply to any Judicial Magistrate of the First Class or any Metropolitan
Magistrate exercising jurisdiction in or near the place where his services
have been terminated or he has been discharged.
 Such a magistrate shall try the case in Summary way and the order made by
such a magistrate in the matter shall be final.
 These proceedings shall not be instituted in a civil court unless
• The owner is declared insolvent.
• The ship is under arrest or sold by authority of court.
• Judicial magistrate refers a claim to court.

CLC & FUND

Q. WRITE SHORT NOTES ON
A) CLC B) FUND CONVENTION C) P&I CLUBS.
a) INTERNATIONAL CONVENTION ON CIVIL LIABILITY FOR OIL

POLLUTION DAMAGE.
Objectives:
1. Ensure adequate compensation is available to persons who suffer form oil
pollution by ships even if the Owner is unable to pay the same;
2. Adopt uniform international rules & procedures to determine Civil
Liability etc. for losses due to pollution of oil from ships.
3. To encourage Governments and others to feel more confident in taking
early and decisive action in containing/minimizing the adverse effects of
oil pollution.
APPLICATION:
1. The Convention applies to all oil tankers in situations where pollution results
from in Territorial Seas and Exclusive Economic Zones upto 200 miles (as
established under UNCLOS).
2. It does not apply to war ships and to State-owned ships provided such ships
not engaged in commercial operations.
LIABILITY:
1. The owner of every tanker is liable for pollution damage caused by his
tanker unless the damage is caused by reasons external to the ownership and
operation of the tanker. This strict liability is based on the principle “polluter
must pay”

2. The owner of every tanker may limit is total liability in the following
manner:
For tanker upto 5000 GRT : Liability is limited to 4.51 million SDR
(US$5.78 million)
For tanker 5000 to 140000 GRT : liability is limited to 4.51 million SDR
(US$ 5.78 million) plus 631 SDR (US$ 807) for
each additional per Tones over 5000 GT.
For a ship over 140000 GRT liability is limited to 89.77 million SDR
(US$ 115 million)
Provided that the damage is not caused by the actual fault or prior
knowledge of the Owner himself.
3. No claim can be made against the Charterer (including bare-boat chatterer),
Master, Pilot, Crew, Salvor or Agent of the ship.
4. After a pollution incident, if the Owner wishes to avail of the benefit of
limitation as describe above, he deposits a sum (equal to his maximum
liability) either with the Court or with any other competent authority of the
country where legal cases have been/can be started against him.
5. If the Owner incurs any expenses to prevent or minimise pollution damage,
then such expenses are deductible from the amount deposited by the Owner
in the same ratio as other claims on the “Fund”. The object of this provision
is to encourage immediate measures by the Owner to minimise/contain
damage and be willing to spend money therefore.
INSURANCE/OTHER FINANCIAL SECURITY:

Every tanker of 2000 GT and above has to maintain an insurance or other financial
security (such as a bank guarantee) to ensure that the tanker can meet her pollution
damage liabilities to the extent indicated above.

o The flag state shall issue a certificate to each ship after she has complied
with the above condition regarding financial security. The certificate must be
carried on the ship and must show the name of the insurer etc. giving
security in respect of the ship. Certificates so issued shall be recognized and
accepted by all countries that have ratified the convention.
o The liability insurer (meaning the P&I Clubs) of the Shipowner usually
provides the proof of insurance policy/financial security. On the basis of this
document the flag state issue the “ Certificate of Civil Liability for oil
pollution damage” (called CLC Certificate).
o The certificate shall not be valid beyond the validity of the insurance policy.
o Any one who suffers loss due to oil pollution from a ship may sue either the
owner of the vessel or even the insurer who have issued the policy within
three years of the loss. Even if the Owner goes into liquidation the insurer
continues to be liable to those who may have suffered a loss.
B) INTERNATIONAL CONVENTION ON THE ESTABLISHMENT OF AN

INTERNATIONAL FUND FOR COMPENSATION FOR OIL POLLUTION
DAMAGE 1971/92. ( 2000 Ammendments )
The purpose of this convention is to establish an international fund financed by

imports of oil by oil companies & designed to provide additional compensation. In
cases where the damage either exceeds the shipowner’s liability under CLC’s 69
or is not covered by it.
 Main aim is to provide compensation for losses due to pollution to the extent
and in cases where the security provided by the 1992 CLC is anadequate.
 A fund called International oil compensation Fund has been established.
 All person/companies in any country importing more than 150,000 Tons of
oil in any year shall make contributions to the fund as may be called to do
so.
 The fund is managed as an independent entity under the overall supervision
of a Director who is appointed by & is responsible to the IMO.

 Maximum amount of compensation payable from the IOPC fund for a single
incident,including the limit established under 2000 CLC amendments, is 203
Million SDR.
 However if three states contributing to the Fund receive more than 600
Million tones of oil per annum, maximum amount is raised to 300,740,000
SDR.
C) P&I CLUBS: These clubs protect the ship owner from third party claims
which are normally not covered under marine insurance policies. Such clubs may
insure the entire company fleet. The club may subject the owner’s ship to
inspection at regular intervals. The purpose of the club is practices, latest rules etc.
The club may also post guarantee when the ship is under arrest. The clubs are
managed by a committee of directors who also examine large claims before any
payment is made. The clubs are managed by the firms of experts on marine
insurance, lawyers & mariners. The clubs are non profit making organizations.
Every V/L is issued a certificate of entry. Each club sets a premium rating for an
individual,owner reflecting the risks insured against the fleets tonnage & past
experience. Advance calls are levied at the beginning of the P&I year (20th feb).
Later as in the year if the claims exceed the calls the owner will be asked to pay
additional calls. If the income exceeds the expenses refunds are made.
The term protection relates to the liability incurred by the ship
being employed as a ship & indemnity relates to the liability which can be
incurred by the ship as a carrier of cargo.
Risks covered & expenses reimbursed by P & I Clubs
1.) Crew injury / illness / death

2.) Injuries to passengers / stevedores
3.) Removal of wreck
4.) Expenses in respect of Stowaways
5.) Medical reasons Deviation
6.) Collision Liability to other vsl ( 1/4th part )

7.) Damage by contact to other objects.

COGSA
Q.WHAT ARE RESPONSIBILITIES & LIABILITIES OF THE CARRIER AS
DEFINED IN COGSA 1971?
Ans. The shipowner’s responsibilities and liabilities under COGSA 1971 are as
follows:
1. To exercise due diligence and care to:
• Make the ship seaworthy at the beginning and during the voyage.
• Properly man, equip and supply the ship.
• Make the ship cargo worthy.
2. The ship is to properly load, stow, carry and discharge the cargo.
3. After receiving the goods on board the ship, the master or the agent upon
demand of the shipper is to issue a B/L w.r.t those goods the B/L should show.
• The marks necessary to identify the goods.
• The number of packages or weight as specified by the shipper.
• The condition of the goods received.
The B/L is evidence of the goods having been received for shipment.
4. At the time of shipment the shipper is deemed to have guaranteed to the V/L
the accuracy of all cargo detail. Otherwise he shall indemnify the carrier of all loss
or damage due to these inaccuracies. This does not indemnify the carrier from
liability to ship from any other reason.
5. To receive notice of loss or damage to goods at the port of discharge. Such a
notice may be presented within 3 days of discharge if damage is not apparent.
However if a joint survey has been carried out such a notice is not required. The
removal of goods from the carrier is evidence of their delivery.
6. Any agreement in a contract of carriage relieving the carrier from liability
due to loss or damage of goods caused by the negligence of the duties provided in
this act or of lessening such liability is null or void.
A carrier may suspend his rights or immunities or increase his responsibilities

provided the same has already been provided for under the B/L.

Q. WHAT ARE THE RIGHTS & IMMUNITIES OF THE CARRIER UNDER

COGSA 1971?
Ans. The carrier is not liable for any loss or damage resulting from the
unseaworthiness of the carrier unless caused by the neglect of due digilence to
make the ship seaworthy. In such cases it is the owners responsibility to prove that
he had exercised due digilence to make the ship seaworthy.
1. The carrier is not responsible for loss or damage caused by:

• Fault of the master, pilot or mariners in the navigation or management of the
vessel.
• Fire unless due to the fault of the carrier
• Acts of god
• Acts of war.
• Dangers of the sea or other navigable waters.
• Acts of piracy
• Arrest or seizure under legal process
• Strikes, riots
• Saving or attempting to save life or property at sea.
• Wastage of weight due to inherent vice of goods.
• Insufficiency of packing
• Insufficiency of marks.
• Acts of omission of the shipper or his agents or owner of goods.
• Latent defects not detected by due diligence.
• Act of public enemies.
• Any other cause for which the carrier is not responsible.
2. Unless the value of goods has been declared the maximum amount of
liability of the carrier is 666.67/package or 2/gross kg. These units are in SDR’s
the carriers liabilities are not limited to the above if the damage is deliberate.
3. If the shipper ships dangerous goods without the consent of the master or
carrier agent. Such goods may be landed ashore or destroyed without any liability

on the carrier and the shipper is responsible for all expenses. If such goods are
shipped with consent & later become a danger they may be dealt in a like manner
without any liability apart from general average.
4. Right to deviate for savings property or life.
Q. DISCUSS DEVIATION UNDER CHARTER PARTY, COGSA & MARINE

INSURANCE?
Ans. Under a C/P it is an implied warranty that a ship will not deviate from the
contract route or the usual route except as provided from the contract route or the
usual route except as provided in the contract or for some exceptional reason.
Where the ports of discharge are not mentioned in any special order the ship must
go to them in strict geographical order & a failure do amounts to deviation.
Further if goods are not carried in the manner which is customary to carriage of
such goods it amounts to deviation. Deviation to save life is not treated as
deviation force majeure is not a deviation.
Under the Hague Visby rules deviation from the route to save life & property
is not termed deviation. In some C/P clause may be inserted where by the vessel is
permitted to deviate for salvage purposes & any money so earned is equally
distributed between the charterer & the Owner. After deduction of the master’s &
crew share.
Under a marine insurance policy the view regarding deviation is the same as
that under common Law i.e C/P. If a vessel deviates without a lawful excuse the
underwriter is discharged from his liability. Starting from the time of deviation &
it is immaterial that the V/L may have regaining her route at the time when the
loss or damage occurs. Under C/P & marine insurance the voyage must be
completed with responsible dispatch & any undue delay also results in the insurer
being longer liable.
Under marine insurance deviation or delay is excused:
• If authorized by any terms of the policy.
• Where caused by reasons beyond the control of the master & his employer.
• Where necessary to comply with an express or implied warranty.
• Where necessary for the vessel’s safety.
• For the purpose of saving the life.

• Where necessary to obtain medical or surgical aid for anybody on board that
ship.
• Where necessary caused by the barratrous acts of the master and/or the crew,
if barratry is one of perils insured against.
Where the cause of deviation no longer exists. The V/L must resume her
cause & complete Voyage with reasonable dispatch.

FAL
Q. DISCUSS FAL CONVENTION?
Ans. Contracting governments to this convention agree to adopt appropriate

measures to:
• Facilitate international maritime traffic.
• Prevent unnecessary delays to ships, their crews, passengers & cargoes.
• Secure the highest practicable degree of uniformity in formalities, documentary
requirement & procedure.
• Keep to a minimum any alterations needed to meet special national
requirements.
The convention contains standards & recommended practices as

formalities, documentary requirements & procedures which should be used on
arrival, stay & departure of the ship, its crew, passengers, baggage & cargo. IMO
has developed standard forms for 6 of the 8 documents which authorities can
demand of a ship:
• IMO general declaration

• Cargo declaration
• Ship’s stores declaration
• Crew’s effects declaration
• Crew list
• Passenger list
The other two documents are required under the universal postal
convention & the international health regulations.
The general declaration, cargo declaration, crew list & passenger list constitute the
maximum information necessary. The ship’s stores declaration & crew’s effects
declaration incorporate the agreed essential minimum information requirements. A
cargo manifest is acceptable in place of a cargo declaration.

IMO has issued guidelines for precautions to prevent drug smuggling & what to
do when they are found on board. It also gives advice on how addicts may be
detected.
Further AMENDMENTS regarding stowaways were made. These state
that where the stowaway has been identified as belonging to a particular country
that country must accept him. While the country where the stowaway embarked
should accept him pending final case disposition. Every effort should be made to
avoid situations where a stowaway has to be detained on board a ship indefinitely.
Guidelines state that in normal circumstances stowaways should as soon as
practicable be removed from the ship & returned to the port of embarkation or to
any country which would accept the stowaway.

ILO ( INTERNATIONAL LABOUR

ORGANIZATION )
Q. WHAT ARE THE SALIENT FEATURES OF ILO 147?
Ans. Convention 147 adopted by ILO is the Merchant shipping minimum standards
convention & compliance is checked in port state control inspection of ships. It applies to all
sea going merchant ships & does not to sailing V/L, Fishing V/L, oil rigs & platforms when
not engaged in navigation. It provides rules regarding:
• Safety standards including standards of competency, hours of work & level of manning
social security measures.
• Conditions of employment & living arrangement on board ships of states which are a
party to the convention .
• To exercise effective control over its ships with respect to the above matters.
• Where the state has no jurisdiction it has to make sure that measures for conditions of
employment & conditions of living are agreed.
• To regulate procedures for the employment of seaman & for investigation of complaints
there from.
• To investigate complaints of own seaman employed on foreign ships.
• To investigate the complaints of foreign seaman on foreign ships within its jurisdiction.
• To ensure the proper training of seaman.
• To verify by investigation that its ships comply with the convention.
• To hold an official enquiry into any serious marine casualty specially in the case of
inquiry on loss of life.
• Inform their nationals of problems of signing on ships of states which are not a party to
the conventions.
• To report ships not complying with this convention. The report to be sent to the flag
state & to ILO & to take steps to rectify hazardous conditions on board.
The convention has an annex which restricts the working hours on board a ships & states that
a record of the hours of work & rest has to be maintained.

LONDON DUMPING COVENTION
Q. EXPLAIN LONDON DUMPING CONVENTION?
Ans. The "Convention on the Prevention of Marine Pollution by Dumping of

Wastes and Other Matter 1972", the "London Convention" for short, is one of the
first global conventions to protect the marine environment from human activities
and has been in force since 1975. Currently, 87 States are Parties to this
Convention.
It requires the contracting parties to collectively promote the effective control of
all sources of pollution of the marine environment & to prevent the pollution of
the sea by the dumping of wastes & other material which can create hazards to
human health harm marine life & damage amenities or interferes with the
legitimate use of the sea. The contracting governments shall harmonize their
policies in this regard.
Dumping means the deliberate disposal at sea by V/L, aircrafts,
platforms. It does not include disposal of waste derived from the normal operation
of the above.
The London Convention consists of 22 Articles and three Annexes. It follows a
"black list/grey list" approach to regulating ocean dumping; Annex I materials
(black list) generally may not be ocean dumped (though for certain Annex I
materials dumping may be permissible if present only as "trace contaminants" or
"rapidly rendered harmless" and Annex II materials (grey list) require "special
care". Annex III lays out general technical factors to be considered in establishing
criteria for issuance of ocean dumping permits.
WASTE MATERIALS ARE GROUPED INTO THREE MAIN GROUPS :-
• Black-Listed items – Dumping Prohibited.

• Grey-Listed items – Special permit from a designated national authority under
strict control has to be obtained along with complying with certain conditions.

• All other materials or substances can be dumped after obtaining a General

Permit.
The provision do not apply when it is necessary for safety of life or
vessel & in the case of force majeure.
Each contracting shall appoint appropriate authorities for issuing permits

& keeping a record of the nature & quantities of material dumped, location & time
& method thereof. Such authority shall monitor the condition of the sea.
The contracting parties shall promote the training of scientific &
technical personnel. The supply of equipment for research & monitoring the
disposal of wastes & measures to prevent or mitigate pollution procedures are to
be developed for assessment of liability & settlement of disputes regarding
dumping.
Measures to protect the marine environment against pollution due to
oils, noxious substances, operational wastes, radioactive, agents of chemical &
biological warfare.
This convention shall not interfere with any laws to be made to define
the nature & extent of the right & responsibility of a state with respect to coastal
waters.
The 1996 Protocol reflects a more modern and comprehensive agreement on

protecting the marine environment from dumping activities than the original 1972
Convention and reflects the broader aims to protect the environment in general,
emanating from Agenda 21, the global plan of action for sustainable development
adopted by the 1992 United Nations Conference on Environment and
Development (UNCED), in Rio de Janeiro, Brazil, also known as the 1992 Earth
Summit.
The 1996 Protocol introduces (in Article 3) what is known as the "precautionary
approach" as a general obligation. This requires that "appropriate preventative
measures are taken when there is reason to believe that wastes or other matter
introduced into the marine environment are likely to cause harm even when there
is no conclusive evidence to prove a causal relation between inputs and their
effects." The article also states that "the polluter should, in principle, bear the cost
of pollution" and it emphasizes that Contracting Parties should ensure that the
Protocol should not simply result in pollution being transferred from one part of
the environment to another.

MARINE INSURANCE
Q) WHAT IS DEVIATION UNDER THE MARINE INSURANCE ACT &
UNDER WHAT CIRCUMSTANCES MAY IT BE EXCUSED?
Ans. A voyage policy generally defines the port of call for the vessel. If the vessel
deviates without a lawful excuse then the underwriters are discharged from their
liability from the time of the deviation & it is immaterial that the ship may have
regained her route before any loss occurs. There is deviation whenever
a) The route designated by the policy is departed from
b) If no route has been designated ,the customary route is departed from
c) Where the ports of discharge are not named and if named are not mentioned
in any particular order. The vessel must go to them in strict geographical order & a
failure to do amounts of deviation.
Any deviation leads to the policy being null & void. However under the marine
insurance act 1963, deviation or delay is justified & excused when
a) Authorized by any special term of the policy
b) Where caused by circumstances beyond the control of the master & the
employer
c) Reasonably necessary in order to comply with an express or implied
condition
d) Reasonably necessary for the safety of the ship or subject matter insured
e) For the purpose of saving the human life or for aiding the ship in distress
where the human life may be in danger
f) Reasonably necessary for the purpose of obtaining the medical or surgical
aid
g) Caused by the barratrous acts of the master or the crew when barratry be one
of the perils insured against

Q)EXPLAIN THE FOLLOWING AS APPLICABLE TO MARINE

INSURANCE?
A)UNSEAWORTHINESS B) PERILS
Ans. Under the marine insurance act 1963, there is a provision of implied warranty
of seaworthiness of a ship in a VOYAGE POLICY. There is a warranty that the
ship shall be seaworthy at the commencement of the voyage. If the policy starts
while the ship is in port it also means that the ship be fit to encounter the ordinary
perils of the port where a policy relates to a voyage to be performed in stages
during which the ship may require the further preparation or equipment to be fitted
to encounter the perils of that (adventure) stage. Then there is an implied warranty
that the ship shall be seaworthy at each stage. This is commonly referred to as The
Doctrine of the stages.
Time Policy - A ship is deemed seaworthy when she is fit in every respect to
encounter the ordinary perils of the seas of the adventure insured in a time policy.
There is no implied warranty that the ship shall be seaworthy at any stage of the
voyage. However if the assured knowingly causes a ship in the unseaworthy state
to proceed to sea the insurer is not liable to any loss arising due to
unseaworthiness.
Perils: This includes maritime perils normally encountered at sea & means that
the assured will be indemnified if the subject matter insured suffer damage or loss
due to
a)Perils of the sea & navigable water’s
b)Violent theft by persons from outside the vessel
c) Jettison
d) Piracy
e) Breakdown or accident of nuclear reactors or installation
f) Damage due to aircraft or from objects falling from an aircraft.
g) Bursting of boilers, breaking of shaft or any latent defect in the ship’s hull or
machinery
h) Negligence of the master, officers or crew or pilots
i) Negligence of the repairers or charters provided they are not the assured party
j) Barratry of the masters, officers or crew

The underwriters is not liable if the damage or loss is due to the lack of due
diligence of the assured, owners & managers. The master , officers & crew are not
considered as owners even if they have a share in the vessel.
Q. WHAT IS MEANT BY WARRANTY AND WHAT ARE IMPLIED &

EXPRESS WARRANTIES IN A CONTRACT OF MARINE INSURANCE?
STATE IMPLIED WARRANTIES & GIVE TWO EXAMPLES OF EXPRESS
WARRANTIES?
Ans. The marine insurance underwriter is covered by the principle of Utmost faith.
However in certain cases it may not be possible to prove non disclouser of facts &
for this reasons warranties are used. With respect to marine insurance the term
warranty takes the meaning of a promissory warranty i.e a warranty by which the
assured undertakes that certain things shall be done or not done or affirms or
denies the existence of a particular state of facts. A warranty must be complied
with & if not done the insurer is discharged from his liability from the time of the
breach of the warranty. Unless the policy otherwise provides or the breach is
excused.
A warranty may be implied or express & the two examples of implied warranties
are
a) In the case of a voyage policy it is implied that the ship is seaworthy at the
time of the commencement of the voyage.
b) In every marine policy is implied that the adventure is lawful.
In regards to voyage policy & with regards to the warranty of the seaworthiness it
is implied that if the sea is in port then the ship is seaworthy to face the perils of
the port. In the case of a time policy it is not implied that the ship be seaworthy at
any stage of the voyage. However if the assured be knowingly sends an
unseaworthy ship to a sea then the insurer is not liable to any loss attributable to
unseaworthiness. In case of goods it is implied that the vessel is seaworthy to carry
the goods. However the goods are not insured for loss or damage due to “ Inherent
Vice Of The Goods”

Express warranties have to be directly written into the policy or incorporated by

reference in the policy. A policy may contain a clause “ Warranty Not North Of 70
Deg North” & if the said vessel proceeds north of 70 deg north then the warranty
has been breached & the policy is null & void. Unless the breach is excused if the
owner wants the vessel to proceed north of 70 deg north he shall inform the
insurer who may waive the warranty for an additional premium. Another example
of an express warranty is “Warranted Neutral” clause. This is used in war
situation & means that the said ship shall carry all the necessary documents to
prove her neutrality when in war area.
A breach of warranty may be excused:

a) Due to change of circumstances so that the warranty is no longer applicable
to the policy
b) When the breach of warranty is excused by the underwriter in such cases the
assured may be required to pay an additional premium.
Q. DEFINE:
A)CONSTRUCTIVE TOTAL LOSS B) PARTICULAR CHARGE
C)BARRATRY D) INSTITUTE CLAUSE E) SISTER SHIP CLAUSE
A) Constructive total loss: There is constructive total loss when the ship matter
insured is abandoned when it becomes apparent that the total loss is unavoidable
or when it cannot be preserved from total loss without an expenditure which will
exceed its value after the expenditure has been incurred there is a constructive
total loss.
a) When the assured is deprived of the subject matter by the peril insured
against or that the cost of recovery of the subject matter will exceed its value after
recovery
b) In the case of a damaged ship if the cost of repairs exceed the value of the
ship after the repairs have been carried out
c) In the case of damaged goods where the cost of repairing & forwarding the
goods to their destination will exceed their value on arrival.

B) Particular Charge: When the subject matter insured in danger of being damaged
or lost it is the duty of the assured to take all possible measures including
expenditure to limit the loss or damage. The insurer agrees to contribute towards
all such expenditure provide it is made particularly to save the subject matter it is
reasonable & made by the assured, owner or agent. Such charges under the Sue &
labor clause are called particular charges.
C)Barratry: This means any wrong act done willfully by the master or any of the
crew against the owner and includes
a) Any willful act of violence to the ship and her cargo

b) Any wrongful misappropriation of the ship or its cargo
c) Any willful act which exposes the ship or her cargo to damage or
confiscation.
D) Institute clauses: These are self contained clauses made by the technical &
clauses committee of the institute of London underwriters. They are attached to
the Marine Policy & which set is attached depends on the subject matter to be
insured & the risks to be covered. Some of the institute clauses are:
a) Institute time clause (hull)
b) Institute voyage clause (hull)
c) Institute war & strike clauses(hull- time)
d) Institute cargo clauses (A)
e) Institute cargo clauses (B)
f) Institute cargo clause
g) Institute war clauses (cargo)
h) Institute strike clauses (cargo)
The institute time clauses (hull) have 27 sub clauses 7 in them are included clauses
which are paramount & state that the insurance does not cover damage or loss due
to war strike & damage due to nuclear reasons.
E) Sister ship clause: Sistership clause is a provision in the hull policy which is
beneficial to the Assured. In the event of a collision between two vessels owned

by the same Assured, the sistership clause confers on the Assured the same
rights as if the two vessels were separately owned and separately insured.
Q. DEFINE: A) ACTUAL TOTAL LOSS B) PRESUMED TOTAL LOSS C)

CONSTRUCTIVE TOTAL LOSS D) PARTIAL LOSS.
Ans:a) Actual total loss: Where the subject matter is destroyed or so damaged that
it does not resemble a thing of the kind insured or where the assured is
irretrievably deprived of it.
b)Presumed total loss: Where the ship which had been insured goes missing &
after a reasonable length of time, there is no news of her, an actual total loss is
presumed.
c)Constructive total loss: Is said to occur if the subject matter insured is
abandoned. When its apparent that its total loss is unavoidable or if it cannot be
saved from an actual total loss without an expenditure, the amount of which would
exceed its value after the expenditure been incurred in particular. There is a
constructive total loss whenever
1. The assured is deprived of the subject matter assured by a peril insured against
& it is unlikely that the subject matter can be recovered or the cost of recovering
the subject matter would exceed its value after recovery
2. The ship insured is so damaged that the cost of repairing the ship will exceed
the value the ship after repairs.
3.The goods damaged have to be repaired & forwarded to their destination & the
expense involved exceeds the value of goods on arrival at their destination.
In the case of a total constructive loss the assured may treat it as a partial loss or
abandon the subject matter insured to the insurer & clain it as an total loss.
d) Partial Loss ( Particular Average )

MIA 1906 defines particular average as a partial loss proximately caused by a
peril insured against and which is not a General Average loss.
A total loss may be an actual total loss or a constructive total loss. In the case of a
total constructive total loss the assured may treat it as a partial loss.

Q. DISCUSS THE FOLLOWING MARINE INSURANCE TERM?

1. DOCTRINE OF STAGES
2. TENDERS CLAUSE
3. DUTY OF ASSURED CLAUSE ( SUE & LABOUR)
4. INSURABLE INTEREST
1. Doctrine of stages: With respect to a voyage policy it is an implied warranty

that ship shall be seaworthy at the commencement of the voyage. Where the
voyage is to be performed in stages, during which the ship may require further
equipment or preparation to face the ordinary perils of the sea, it is implied that
the ship will be seaworthy at the beginning of each stage of voyage. This is called
Doctrine of stages.
2. Tender’s clause: This clause was introduced so as to provide the underwriters

some control over the cost of repairs for which they are liable. In case of repairs
the assured is required to call for tenders. However this may lead to a delay in the
repairs and hence loss of the use of the ship. The tender’s clause allows the
underwriters to call for tenders before deciding on the port of repairs as well as the
name of the firm .To carry out the repairs the underwriter is liable to pay an
allowance at the stipulated rate to the assured for any delay caused due to
tendering. This allowance is reduced by any amount recovered by the owners
(under G.A etc) although rarely used. The tender’s clause has a provision whereby
the insurer may deduct 15% of the cost of repairs if the assured does not comply
with this clause.
3. Duty of assured (sue & labour): Under the marine insurance act it the duty of
the assured, his servants and agents to take all reasonable measures, including
expenditure to prevent loss or to minimize damage to a subject matter insured such
that to minimize the amount recoverable as insurance under the policy. There may
be circumstances in which the assured may not be keen to do so & to encourage
him to act in such a manner the underwriters agree to contribute with certain

provisions towards any expenses properly & reasonably made to save the subject
matter. Expenses recoverable in such a manner are called “ Particular Charges”.
4. Insurable Interest: The marine insurance act defines insurable interest as:
 Every person has an insurable interest who is interested in marine adventure.
 In particular a person has an insurable interest if he has any legal or equitable
relation to the marine adventure or to any property at risk therein, such that he
may benefit by the subject matters safe arrival, or may be prejudiced by damage to
or loss thereof or detention of the subject matter. The assured must be interested in
the subject matter at the time of the loss even if he was not interested in it at the
time when the insurance was caused.
Q. WHAT IS MEANT BY NOTICE OF ABANDONMENT WITH REFERENCE

TO MARINE INSURANCE? WHEN IT IS GIVEN & WHAT ACTION IS
TAKEN BY THE ASSURED?
Ans. In the case of constructive total loss, the assured must give notice to
abandonment to the insurer & if he fails to do so the loss can only be treated as a
partial total loss. The notice may be given in writing or by word or by mouth. But
and it must indicate the intention of the assured to abandon all his insured interest
in the subject matter. Insured unconditionally to the Insurer, such a notice must
only be given after the assured has confirmed the facts and if the information is of
a doubtful nature the assured is allowed a reasonably delay to allow him to
confirm the facts. The rights of the assured not effected even if the insurer refuses
to acknowledge the notice of abandonment provided the notice has been properly
given. Mere silence on the part of the insurer does not indicate acceptance of the
notice of abandonment. The abandonment is irrevocable if the notice is accepted by
the insurer & this acceptance means that he admits his liability for the loss. It is
not necessary to give notice of abandonment if at that time it will not benefit the
insurer or when the insurer waives the notice of abandonment.
Once the insurer accepts the notice of abandonment he is subrogated to all
the rights and remedies of the assured with regards to the subject matter insured.
He is now entitled to take over the subject matter & in case of vessel is also

entitled to any freight in the course of being earned or which is earned subsequent
to the notice of abandonment.
Q. HOW IS HULL & MACHINERY INSURANCE EXECUTED IN THE
INTERNATIONAL MARKET?
EXPLAIN THE PROCEDURES THAT WOULD GENERALLY BE
REQUIRED TO BE FOLLOWED BY A MASTER AT A PORT OF REFUGE ?
Ans. “At Lloyds, insurance is done only through a broker approved by the Lloyds
counsel. The broker writes the details of the hull & machinery on a slip & then
approaches an lead underwriter to obtain a ‘Lead’. If the underwriter is willing to
underwrite only a portion of the risk he will set down the percentage & then initial
it. The broker then approaches other underwriters until 100% of risk has been
covered. The broker then passes on this Slip to the policy signing office which
prepares the policy & also the transaction advice for accounting entries. In some
cases the broker may send a cover note to the person seeking insurance to inform
him of the details under which the insurance has been effected and only after
obtaining the GO AHEAD from the client will the policy be prepared.
Putting into a port of refuge for repairs constitute a justifiable deviation & hence
the insurance & other contractual rights remain unaffected. The master must
inform the owner of his decision & the reasons for selecting a particular port. In
case the owner’s appoint an agent or already have an agent at that port the master
must inform the agent of the vessel damage & his ETA so that the agent may
make the appropriate arrangements.
On arrival at the port the master must obtain port clearance in the normal way &
he should also note port protest with the right to extend it. The underwriters
should also be informed as per the term of the tender’s clause.
If cargo has been damaged or has to be shifted to facilitate repairs the master
should cause a hatch survey to be carried out by a registered cargo surveyor. When
the surveyor has given his report, the master in consultation with the owner and
the underwriters should call for tenders for the repair. The tender selected will to a

large extend depend on the underwriter. It is important that a demurrage clause be

inserted in the contract for repairs.
The repairs will be carried out under the supervision of the surveyor who will
issue an interim certificate of class to the ship if he is a satisfied with the repair.
The vessel may then continue in class copies of all relevant documents should be
sent to the owner. The vessel may continue on her voyage.
Q. DEFINE MARINE INSURANCE. WHAT ARE THE FUNDAMENTALS OF

MARINE INSURANCE?
Ans. A contract of marine insurance is an agreement whereby the insurer agrees

indemnify the assured in the manner & extent thereby agreed against marine
losses i.e losses incidental to the marine adventure.
The fundamentals of the marine insurance are:

1.Insurable interest: Every person who has an equitable or legal relation to a
marine adventure or to any property involved in the marine adventure such that he
will benefit by the subject matters safe arrival or may be prejudiced or become
liable due to its loss or by damage to the subject matter is deemed to have an
insurable interest in the marine adventure. The assurer must be interested in the
subject matter that the time of the loss.
2. Disclosure- Principle of good faith: A contract of marine insurance is a contract
based on utmost good faith. The person affecting the insurance must inform the
insurer of all detail circumstances so that he may be able to decide the premium or
whether he want to cover the risk. However he need not inform the insurer of any
facts which diminish the risk or which the insurer is supposed to know by virtue of
his trade. If the assured fails to make such disclouser, the insurer may avoid the
contract.
3. Principle of indemnity: The sum which the assured can recover from the insurer
in case of loss of or damage to the subject matter insured is called the measure of
indemnity. In case of an unvalued policy it the full extent of the insurable value &
in case of a valued policy it is the sum fixed by the policy.

4.Principle of subrogation: By the principle of subrogation the insurer takes over

the rights & remedies of the assured in the subject matter to the extent the assured
has been indemnified from the time of the incident causing the causality or loss
after the assured has been paid as per the terms of the policy. The principle of
subrogation applies in the case of the total loss & partial loss.
5.Proximate clause: The marine insurance act states that the insurer is not liable
for any loss which is not proximately caused by the peril insured against. This
means it is the proximate cause & not the remote cause which is taken into
account.
Q.EXPLAIN GENERAL AVERAGE & THE ROLE OF AVERAGE

ADJUSTERS IN GENERAL AVERAGE ADJUSTMENTS?
Ans. The basic principle of general average is that a person whose property has
been lost or damaged for general benefit should have his loss made good by all
those who have benefitted to provide a standard set of rules we have the “ The
York Antwerp Rules 1974”. However unless these are specially incorporated in a
contract of affreightment local rules will apply in the case of general average.
As per rule “A” of the York Antwerp rules 1974. There is a general average act
when & only when, any extraordinary sacrifice or expenditure is intentially &
reasonably made or incurred for the common safety for the purpose of preserving
from peril. The property involved in a common marine adventure.
From the above it is apparent that for a general average to occue:

1. The sacrifice or expenditure must be of an extraordinary nature.
2. There must be a sacrifice or expenditure.
3. The sacrifice or expenditure must be made intentionally & reasonably for the
sole purpose of the common marine adventure.
4. There must be a common adventure i.e more than one person/party must be
involved.

General Average Includes:
Act : 1. Voluntary stranding to avoid sinking 2. Port of refuge for repairs – only
essential hull & M/C repairs.
Sacrifice 1. Jettison 2. Slipping cable & anchor to avoid immediate peril.
Expenditure 1. Cost of discharging cargo to refloat 2. Cost of tugs for refloating.

Each party contributes according to the value of his interest saved &
the main contributing interest are the ship, cargo & the freight at risk.
Contributory values are:

Ship: The ships value at the port where the voyage ends.
Freight: The gross amount at the risk less the expenses of earning it from the
instance of the G.A act.
Cargo: The value of the cargo at the port of discharge, less any charges which
would not have incurred if the voyage had been a total loss.
The general average charge are generally ascertained at the ships first port of
discharge, after the general average act it is the duty of the ship owner to appoint
the average adjuster & the ship owner has a common lien on the cargo for general
average.
An AVERAGE ADJUSTER is an expert on insurance & general
average who assesses what is allowable under general average, The contributory
values & the allowances. He acts like an arbitrator to arrive at the average
statement.
He requires details such as cargo manifest, B/L’s , signed average bonds & deposit
receipts, copies of G.A Bonds, deck & engine log book copies, copies of protests,
original vouchers of expenses, details of masters & crew wages, details of hull &
machinery repairs & surveyor’s report.
Cargo is generally released by signing of a general average bond and/or providing

a gurantee. Now a days it is common practice for the insurer to pay up as

particular average & they are now subrogated to all rights of the assured being
later compensated from the G.A fund.
Q. WITH REFERENCE TO THE MARINE INSURANCE ACT 1963, EXPLAIN

THE FOLLOWING:
1. WARRANTIES
2. SUE & LABOUR
3. MEASURE OF INDEMNITY
4. SUBROGATION
Ans. 1. A marine underwriter is protected by the principle of good faith. However

it may not be always possible to prove nondisclosure of facts. Hence warranties
are used with respect to marine insurance. The word warranty means the same as
the word condition in other contracts. The marine insurance act defines warranty
as a promissory warranty i.e a warrant by which the assumed undertakes that
something shall or shall not be done, or affirms or denies the existence of a
particular state of facts.
A warranty may be implied or expressed.

An example of an implied warranty is:
1. In every voyage policy it is implied that the ship shall be seaworthy at the
commencement of the voyage.
2. The voyage must be Lawful & as per the contracts & terms.
An example of an expressed warranty is:

1. Warranted not North of 70 Deg North & this means that the policy does not
apply if the vessel proceeds North of latitude 70 Deg North.
2.Sue & Labour: ( Duty of assured) When the property insured is in danger of
being lost or damaged it is the duty of the assured to take all possible measures to
save or minimize the loss to encourage the assured to act in such a manner. The
underwriter agrees to contribute with some provisions to charges properly &
reasonably made by the assured & his servants to save the property. Expenses

recoverable under the sue & labour clause “Particular Charges” & are recoverable
only when:
1. They are incurred solely for the property insured.
2. They are reasonable
3. They are incurred by the owner, agents or the owner’s servant.
4. They are incurred to avert or minimize a loss covered by the insurance.
3.Measure of Indemnity: A particular average loss is a partial loss of the subject

matter caused by a peril insured against the particular loss falls directly on the
party interested in the subject matter. The measure of indemnity is defined in the
marine insurance act in case of partial loss of ship, freight on goods. It indicates
the payment to be made to the assured in case of loss or damage to the subject
matter.
4.Subrogation: Means the substituting of one creditor by another. The insurer right
to subrogation depends whether he has paid for the total loss or a partial loss.
Where the payment is for a total loss the insurer may take over whatever remains
of the property & is subrogated to all rights & remedies of the assured. In case of a
partial loss the insurer is not entitled to what remains of the subject matter & is
subrogated to the rights & remedies of the assured only to the extent the assured
has been indemnified. However it is not necessary that the insured take over the
remains of the subject matter in case of a total loss as he will then also be
responsible for all the liabilities of the assured eg removal of wreck which is a
hazard to navigation.

SALVAGE
Q.) DISCUSS THE FACTORS TO BE TAKEN INTO

CONSIDERATION BEFORE MAKING AN OFFER TO TOW
ANOTHER VESSEL WHICH IS DISABLED BUT NOT IN
DISTRESS? WHEN TOWAGE BECOMES SALVAGE?
Ans. Prior offering to tow a disabled vessel the master should verify if he is
permitted to do so by the charter party and/ or the b/l ‘s. In addition the following
points must be carefully considered
1. Whether there are sufficient bunker on board including an adequate reserve
keeping in mind excess sailing time due to reduced speed during towage.
2. Notifying the owners & the underwriter’s who may require an additional
premium to be paid.
3. Notifying the charterer, where applicable.
4. The possibility, if under charter of not reaching port before the cancelling
date.
5. The nature of cargo being carried
6. The condition of main propulsion machinery & any deck machinery to be
used.
7. The value of the vessel to be towed & its cargo to ascertain if an adequate
salvage reward is possible.
8. Deciding on the port of destination
9. The obtaining of a LOF salvage agreement.
10. To obtain a salvage award it is paramount that the tow be successful. Hence
the master must take all the factors into consideration upto the part of destination
i.e weather currents etc.

A towage becomes salvage when:

1. The services performed by the tug are of such an exceptional nature not
within reasonable contemplation of the towage contract.
2. The services in fact performed & the risk run which will not be adequately
compensated by the mere difficulty in towing does not make it a salvage contract.
Presence of Unanticipated Marine Peril is necessary for Salvage.
Q.WHAT IS SALVAGE? WHAT ARE ESSENTIAL ELEMENTS OF

SALVAGE ?
Ans. Under the court of admiralty Salvage means the service which saves or helps
to save a recognized object or salvage, when in danger provided the service is
voluntary
In the sense:
1. Of not being due to pre existing legal obligation or
2. Rendered in the interest preservation.
Essential elements of Salvage are :-
1) The salvage must be voluntary.

2) The salvage service must be rendered to Recognized subject of Salvage ( eg:
Vessels, equipment, etc. Not to a Buoy.
3) The subject of Salvage must be in danger.
4) The salvage service must be successful.
Q.THE USE OF LOF OFFERS SEVERAL ADVANTAGES TO THE

CONCERNED PARTIES. DISCUSS THESE ADVANTAGES FROM THE
POINT OF VIEW OF a) SALVOR b) THE OWNER OF THE PROPERTY .
Ans. The LOF has achieved a high & justified degree of popularity & reliability as
it has inherent advantages for the salvor as well as the owner of property.
a) The advantages of the LOF for the salvor are:

1. He has a readily available agreement which is unlikely to be contested.

2. He retains his right of lien
3. His renumeration is referable to arbitration & he does not have to resort to
court cases which can be expensive & time consuming.
4. There is a provision for special compensation if the salvor fails to carry out
the salvage but has been diligent & prevented damage to environment during the
salvage operations.
b)The advantages of the LOF to the owner of the property are:

1. He has a readily available agreement.
2. The principal of no cure no pay is an obvious advantage of the owner of the
property.
3. The claim of the salvor may be referred to arbitration without having to resort to
lengthy court cases.
4. The owner can seek early release of his property by providing a security against
the salvor’s claim.
Q. A) WHAT ARE THE DUTIES OF THE 1.) SALVOR 2.) MASTER &
OWNER AS PER LOF?
B) WHAT ARE THE CRITERIA FOR FIXING THE REWARD FOR
SALVAGE AS PER LOF 1990?
Ans. A) The salvor owes a duty to the owner of the vessel or property in danger:
1. To carry out salvage operation with due care.
2. To prevent or minimize any damage to the environment when carrying out
his salvage duties.
3. Whenever the circumstances require to seek assistance from other salvor’s
and,
4. To accept the intervention of other salvor when required by the owner or
master of the vessel or property in dangers. The amount of his reward shall not be
prejudiced should it be found that such a request was unreasonable.
The owner and master of vessel in danger shall owe a duty to the salvor:
1. To cooperate fully with him during the salvage operation.

2. To exercise due care to prevent or minimize damage to the environment &,

3. When the vessel has been brought to a safe place to accept redelivery , when
reasonably requested by the salvor to do so.
B)The reward to be fixed is to be with a view to encourage salvage & the

following criteria be taken into regard for fixing the reward:
1. The salved value of the vessel & property.

2. The skills & efforts of the salvor in preventing or minimizing damage to
environment.
3. The measure of success obtained by the salvor.
4. The nature & degree of danger.
5. The skill & effort of the salvor in salving the vessel, other property & life.
6. The time used, expenses & losses incurred by the salvor.
7. The risk of liability & other risks run by the salvors or their equipment.
8. The promptness of services rendered.
9. The availability & use of vessel & other equipment meant for the salvage
operation.
10. The state of readiness & efficiency of the salvors equipment & the value
thereof.
Q.DISCUSS THE PROVISIONS OF “LOF 1990” AS REGARDS SPECIAL

COMPENSATION FOR PREVENTING OR MINIMIZING DAMAGE TO THE
ENVIRONMENT?
Ans. If a salvor engaged in the salvages of a ship which itself or due to its cargo
threatens the environment has failed to earn reward under the principle of no cure
– no pay. Atleast equivalent to the special compensation, he shall be entitled to
special compensation from the owner of the vessel equivalent to his expenses –
Applicable only if the ship or cargo is a threat to the environment.
If the salvor has prevented or minimized damage to the environment the special
compensation by the owner to the salvor may be increased by upto 30% of the

expenses incurred by the salvor. The tribunal deciding the award may increase it
to a maximum of 100% of the expenses incurred by the salvor.
When calculating the salvors expenses his out of pocket expenses & a fair value
for the equipment & personnel actually used, keeping in mind the availability,
promptness of service rendered & the state of readiness of the equipment & its
value is to be allowed for.
If the salvor has been negligent towards preventing or minimizing the
damage to the environment then he may have to forfeit the whole or part of the
special compensation due.

UNCLOS
Q. WITH RESPECT TO UNCLOS 1982 EXPLAIN:
a) RIGHT OF INNOCENT PASSAGE OF A FOREIGN SHIP.
b) CRIMINAL JUSTIFICATION OF A COASTAL STATE IN
TERRITORIAL WATERS
Ans. The convention defines innocent passage in two stages. Firstly it defines as
navigation through territorial seas for the purpose of:
• Traversing the territorial waters without entering internal waters or a port

outside internal waters.
• Proceeding to or from internal waters without or to such port facility.
The passage must be continuous and expeditous through stopping & anchoring are
permitted if they are incidental to normal navigation or are caused by force
majeure or for providing assistance to distressed persons or vessel.
The passage is innocent as long as it is not prejudicial to the peace, good order &
security of the coastal state. In territorial waters vessels must ensure their
innocence and comply with local regulation concerning safety of navigation &
pollution prevention.
A vessel exercising its right of innocent passage should not:
* Use any force against the sovereignity, territorial, integrity or political

independence of the coastal state.
* Carry out any weapon exercise
* Collect any information to the prejudice of the coastal state.
* Carry out any propaganda against the coastal state.
* Launch or take on board any military aircraft.
* Take on or disembark any commodity, currency or persons contrary to the fiscal,
health, customs & immigration laws of the coastal state.
* Carry out any act willful pollution.

* Carry out any fishing activity.

* Interfere with the communication systems or installation of the coastal state.
* Carry out any research or scientific acts.
* Carry out any activity which does not have any bearing on her passage.
In territorial seas the coastal state should not exercise criminal jurisdiction except:
• If the consequences of a crime extends to the coastal state.

• If the crime disturbs the peace of the coastal state or the good order of the
territorial seas.
• If the master of the vessel or an agent of a flag state requests
• If jurisdiction is necessary to suppress the traffic in narcotics.
In case of civil matters the coastal state extends jurisdiction over a vessel in
territorial waters only if it is such waters after leaving internal waters.
Q. WHAT IS THE EXTENT OF TERRITORIAL WATERS. THE

CONTIGUOUS ZONE & THE EEZ UNDER UNCLOS 1982?
DISCUSS THE NATURE OF THE COASTAL STATE AUTHORITY
& THE NAVIGABLE RIGHT AVAILABLE TO FOREIGN VESSEL
IN THESE ZONES?
Ans. The base line of territorial waters is the low water mark line shown on a large
scale chart published by the coastal state limits of all zones are measured from this
line. Territorial waters extend upto 12 Nm seawards of the base line. The
contiguous zone may extend upto 12 NM seawards of the limit of the territorial
waters i.e a total of 24NM from the base line. An exclusive economic zone
extends seawards from the base line upto a limit of 200NM.
In TERRITORIAL WATERS the coastal state exercise sovereignity except with

respect to the right of innocent passage (criminal & civil jurisdiction).

In CONTIGUOUS WATERS the coastal state does not exercise sovereignity but
has four fold jurisdiction with regard:
• Customs
• Immigration
• Sanitary
• Fiscal
All vessel have a right of passage. However the coastal state may turn back vessels
carrying dangerous or noxious substances.
In an EEZ the coastal state has the following jurisdiction:

• Sovereign rights for the exploration, exploitation, management &
conservation of all living & non living resources
• Jurisdiction of setting up artificial islands & structures for the purpose of
generating energy from wind, water & waves.
• Jurisdiction with regard to the abatement & control of marine pollution.
• Jurisdiction over marine & scientific research.
In an EEZ all vessel enjoy complete freedom of navigation & communication.

However the coastal state may establish safety zones of upto 500 meters from
artificial structures & provide routeing for the safety of navigation, establish
routes, TSS etc.
Q. WHAT DO YOU UNDERSTAND BY THE RIGHT OF

UNIMPEDED TRANSIT PASSAGE & HOW DOES IT DIFFER
FROM THE RIGHT OF INNOCENT PASSAGE THROUGH
TERRITORIAL COASTAL STATES?
Ans. Unimpeded transit passage is the freedom of navigation solely for the
purpose of transiting a strait connecting one area of the high seas or EEZ with
another area of the high seas or EEZ. This does not preclude passage through the
strait for the purpose of entering a port of a coastal state. Boarding the strait
subject to the condition of entry of that state.

The following are the difference between the right of unimpeded transit passage &
right of innocent passage:
• The right of innocent passage may be suspended by the coastal state on
account of its own security. However the right of unimpeded transit passage can
never be suspended in times of peace or war.
• When submarines are transiting territorial waters they have to do so on the
surface & they must show their flag.
• Warships transmitting the territorial waters of another state may be subject to
the provisions of prior notification & permission. No such thing applies to strait.
• While there is a right to innocent passage in territorial waters. Whereas in the
case of an international strait there is the right of passage through the air space
above it.

ISM
Q. WRITE ABOUT ISM CODE?

CONTENTS OF ISM CODE:
1. General
2. Safety and environmental protection policy
3. Company responsibilities and authority
4. Designated Person
5. Master’s responsibility and authority
6. Resources and personnel
7. Development of plans for shipboard operations
8. Emergency Preparedness
9. Reports and analysis of non-conformities, accidents and hazardous occurrences
10. Maintenance of the ship and equipment
11. Documentation
12. Company verification, Review and Evaluation
13. Certification and periodical verification
14. Interim Certification
15. Verification
16. Forms of Certificates
Ans. ISM Code IX of Solas. The code sets an international standards for the safe
management of the ships & requires companies to document & implement
procedures & instructions for the safe management of the ships. The owner must
have a safety management system (SMS) covering safety & environment
protection levels of authority, communication channels, accident reporting
emergency preparedness, internal audit & review procedures in force as follows:
• All passenger ships, tanker, LPG & ING, bulk carrier more than 500 GT
by1/7/98.
• All cargo ships more than 500 GT by 1/7/2002.
Objectives
1. To provide a framework for development, implementation & assessment of
safety & environment protection.

2. To ensure safety
3. To prevent injury & loss of life.
4. To avoid damage to environment.
5. Framework for sound management & operational guidelines.
6. It introduces a quality management system in shipping management.
Master to have over riding authority in matters of safety & pollution

prevention. Master must report the following to the designated person, accidents,
hazardous occurrences, non conformities & suggested modifications &
improvements in the safety management system (SMS).
Company Responsibilities
1. Master should be qualified/familiar with companies policies should get free
support of company.
2. Ship manned with qualified & certified & medically fit seamen.
3. Persons having assignments W.R.T safety & environment protection are
familiar with their duties.
4. All personnel involved with the SMS should be familiar with the rules.
5. Training to support SMS to be carried out.
6. Information on SMS to be given on board.
7. Ship board duties to be defined.
Government Responsibilities
1. Document of compliance valid 5 years.
2. D.O.C copy on board.
3. S.M.C to be given to ship after ensuring compliance.
4. Annual audits within three months of anniversary date.
Advantages of ISM: Focus on safety & environment protection.

1. Improvement in safety consciousness & management skills.
2. Increased safety awareness means better efficiency.
3. Greater confidence of clients.
4. Improved company moral.
5. Cost saving.

6. Could lead to reduced insurance (P&I club) premiums.

7. Reduction of exposure to claims in the event of a marine disaster.
MASTER’S RESPONSIBITY AND AUTHORITY:
The company should clearly define and document the master’s responsibility with
regard to:
1. Implementing the safety and environmental-protection policy of the
company;
2. Motivating the crew in the observation of that policy;
3. Issuing appropriate orders and instructions in a clear and simple manner;
4. Verifying that specified requirements are observed; and
5. Periodically Reviewing the SMS and reporting its deficiencies to the
shore-based management.
6. Ensure risk assessment is done for all jobs required by the SMS and jobs
are carried out safely.
The company should ensure that the SMS operating on board the ship contains
a clear statement emphasizing the master’s authority. The company should
establish in the SMS that the master has the overriding authority and the
responsibility to make decisions with respect to safety and pollution prevention
and to request the company’s assistance as may be necessary.

PORT STATE CONTROL
Port State Control (PSC) is the control through inspection of foreign ships by
a Coastal State in its ports. This control is exercised for the purpose of verifying
that:
1. the condition of the ship and its equipment comply with the requirements
of certain international maritime conventions and
2. the ship is manned and operated in compliance with applicable
international laws.
The Flag State has been given the primary responsibility for ensuring that a
ship flying their flag should be equipped, operated, maintained and manned in
accordance with international maritime conventions.
Port State Control Officer (PSCO): A person duly authorized by the

competent authority of a party to a relevant convention to carry out port State
control inspections, and responsible exclusively to that party.
The purpose of Flag State Implementation (FSI) document is intended to

provide basic guidance on conduct of Port State Control inspections, the
recoganization of deficiencies of a ship, its equipment, or its crew and the
application of control procedures.
The procedures for Port State Control inspections come under the provisions of
the:
1. SOLAS 1974 – Regulation 19 of chapter I, Regulation 4 of chapter XI-1
2. LOAD LINES 1966 – article 21

3. MARPOL 73/78 – Regulation 8A of Annex 1, Regulation 15 of Annex II,
Regulation 8 of Annex III and Regulation 8 of Annex V.
4. STCW 95 – Article X
5. TONNAGE MEASUREMENT OF SHIPS, 1969 – article 12
6. MERCHANT SHIPPING MINIMUM STANDARDS, 1976 (ILO NO.
147)
When can PSC Inspection take place?

PSC inspections of ships may be undertaken on the basis of :-
1 a request of, or on the basis of information regarding a ship provided by
another party;
2 information regarding a ship provided by:
• a member of the crew
• a professional body
• an association
• a trade union
• any other individual with an interest in the safety of the ship, its
crew and passengers, or the protection of the marine environment
Conduct and result of PSC Inspection
The following steps briefly describe the conduct of inspection by PSCO and
possible result of inspections.
1. Initial Inspection: - PSCO inspects certificates on board as required by

various Conventions and check if they are in order.

2. Report in Form A:- if the above are in order and PSCO’s general impression
and visual observation confirm continued compliance, inspection will end
and PSCO will issue a Report (using Form A) of inspection in which
observed deficiencies will be reported.
3. More detailed inspection: An inspection conducted when there are clear
grounds for believing that the condition of the ship, its equipment, or its
crew does not correspond substantially with the particulars of the
certificates.
4. Clear Ground: Evidence that the ship, its equipment, or its crew does not
correspond substantially with the requirements of the relevant conventions or
that the master or crew members are not familiar with essential shipboard
procedures relation to the safety of ships or the prevention of pollution.
Some examples of clear grounds are :
o Absence of principal equipment or arrangement as per Conventions
o Certificates clearly are invalid
o Logs, manuals and other required documentation not on board, not
maintained or falsely maintained
o PSCO’s observation that serious hull or structural deficiencies exist
o PSCO’s observation that serious deficiencies exist in navigational
equipment, safety and pollution prevention.
o Evidence that crew not familiar with essential shipboard functions
related to safety and pollution prevention or are not able to
communicate with each other.
5. Detention of Ship:- If the ship presents a safety risk or risk of pollution, the
Port State is empowered to detain the vessel until she is repaired and/or
deficiencies rectified. Such deficiencies are listed in IMO guidelines and are
called “Detainable deficiencies”.
6. Action on Detention:- If the ship is detained, PSCO should state the fact in
report of inspection as per Form A. Master must inform company and
Classification Society/Flag State Authorities. The PSCO is also expected to
make a report called a “Notification of Detention of Ship” to the Flag State

of the ship or Consulate by e-mail, fax etc. to avoid unnecessary delay. The
inspection report and the Notification are expected to state the detainable
deficiencies found.
After the deficiencies are correct, re-inspection by PSCO may take place and
another Report of Inspection (Form A) is issued. If the Ship is released, the
form will mention the fact. Upon release of the ship a “Notification of
Release of Ship” is to be sent by the Port State to the Flag State/Consulate as
necessary.

CLASSIFICATION SOCIETY
The purpose of a Classification Society is to provide classification and

statutory services and assistance to the maritime industry and regulatory
bodies as regards maritime safety and pollution prevention, based on the
accumulation of Maritime knowledge and technology.
The objective of ship classification is to verify the structural strength and

integrity of essential parts of the ship’s hull and its appendages, and the
reliability and function of the propulsion and steering systems, power
generation and those other features and auxiliary systems which have
been built into the ship in order to maintain essential services on board.
Classification Societies aim to achieve this objective through the
development and application of their own Rules and by verifying
compliance with international and/or national statutory regulations on
behalf of flag Administrations.
Assignment of class
Class is assigned to a ship upon the completion of satisfactory surveys,

held to verify that the vessel is in compliance with the relevant Rules of
the Society. This assignment may be given in the following cases:
• on completion of the new building, after satisfactory surveys have been
performed;
• on completion of a satisfactory survey of an existing ship carried out in
accordance with the agreement developed by the IACS Member
Societies for ships transferring class between Members;
• on completion of a satisfactory specific class survey of an existing ship
not classed with an IACS Society, or not classed at all.

Maintenance of class
Classed ships are subject to surveys for maintenance of class. These

surveys include the class renewal (also called “special survey”),
intermediate, annual, and bottom/docking surveys (either a survey in dry
dock or an in-water survey) of the hull, tailshaft survey, boiler survey,
machinery surveys and surveys for the maintenance of additional class
notations, where applicable. Such surveys are carried out at the intervals
and under the conditions given below.
The surveys are to be carried out in accordance with the relevant

requirements in order to confirm that the condition of the hull,
machinery, equipment and appliances comply with the applicable Rules.
It is the owner’s duty to ensure that the ship’s maintenance is kept at a
satisfactory level in order to maintain the condition between surveys.
The extent of any survey depends upon the condition of the ship and its
equipment. In addition to the minimum required extent of surveys
specified in the Rules, should the surveyor have a doubt as to the
maintenance or condition of the ship or its equipment, or be informed by
the owner of any deficiency or damage which may affect class, further
examination and testing may be conducted as considered necessary.
Suspension of class
Class may be suspended following a decision made by the Society when

one or more of the following occurs:
• when a ship is not operated in compliance with the Rule requirements;
• when a ship proceeds to sea with less freeboard than that assigned;
• when the owner fails to request a survey after having detected defects
or damages affecting the class;
• when repairs, alterations or conversions affecting the class are carried

out without requesting the attendance of a surveyor.
In addition, class is automatically suspended:
• when the class renewal/special survey has not been completed by its
due date or within the time granted in special circumstances for the
completion of the survey, unless the ship is under attendance by the
Society’s surveyor(s) with a view to completion prior to resuming
trading;
• when the annual or intermediate surveys have not been completed by
the end of the corresponding survey time windows.
Suspension of class with respect to the above cases will remain in effect
until such time as the due surveys and any other survey deemed
appropriate by the Society have been completed.
In addition to the circumstances for which automatic suspension may
apply, the class of a ship will be subject to suspension procedures
following a decision of the Society:
• when a recommendation/condition of class is not dealt with within the
time limit specified, unless it is postponed before the due date by
agreement with the Society;
• when one or more other surveys are not held by their due dates - or the
dates stipulated by the Society also taking into account any extensions
granted;
• when, due to the nature of reported defects, the Society considers that a
ship is not entitled to retain its class even on a temporary basis (pending
necessary repairs or renewals, etc.);
• in other circumstances where the owner fails to submit the ship to a
survey in accordance with a special requirement.
In all cases suspension will remain in effect until such time as matters are
rectified and the class is reinstated or class is withdrawn.

Depending on the Society’s procedures, the suspensions of class which

are not automatic may take effect either when they are decided by the
Society or from the date when the
conditions for suspension occurred. However once the conditions for
class suspension/withdrawal are met and before any decision by the
Society can be taken, either because the Society is not aware of the
circumstances (surveys dates, etc. are recorded but not systematically
monitored) or because the decision is not yet taken, maintenance of class
cannot generally be confirmed by the Society during this period.
Withdrawal of class
The Society will withdraw the class of a ship when:

• requested by the owner;
• the class has been suspended for more than six months;
• the ship is reported as a constructive total loss and the owner does not
advise his intention to repair the ship for re-instatement of class;
• the ship is reported lost;
• the ship will not trade further as declared by its owner.
Withdrawal of class takes effect from the date on which the
circumstances causing such withdrawal occur or when it is decided.
ABS American Bureau of Shipping KR Korean Register of Shipping

BV Bureau Veritas LR Lloyd's Register
CCS China Classification Society DNV Det Norske Veritas
NK Nippon Kaiji Kyokai (ClassNK) GL Germanischer Lloyd
CRS Croatian Register of Shipping PRS Polish Register of Shipping
RS Russian Maritime Register of Shipping
IRS Indian Register of Shipping

INTERNATIONAL CHAMBER OF SHIPPING
The International Chamber of Shipping is the world's

principal shipping organisation, representing around 75% of the world’s merchant
tonnage; through membership of nationalshipowners' associations, concerned with
all regulatory, operational and legal issues.
A major ICS activity is at the United Nations agency with responsibility for the
safety of life at sea and the protection of the marine environment, the International
Maritime Organization.
ICS is unique in that it unlike other international shipping trade associations it
represents the global interests of all the different trades in the industry: bulk
carrier operators, tanker operators,passenger ship operators and container
liner trades, including shipowners and third party ship managers.
ICS has consultative status with a number of intergovernmental bodies which have
an impact on shipping, these include: the World Customs Organization,
the International Telecommunications Union, the United Nations Conference on
Trade and Development, and the World Meteorological Organization. The ICS
also has close relationships with industry organisations representing different
maritime interests such as shipping, ports, pilotage, the oil industry, insurance and
classification societies responsible for the surveying of ships.

EMERGENCY RESPONSE SERVICE

Purpose
As a consequence of the ‘Exxon Valdez’ accident and introduction of the OPA 90
requirements in USA,ERS is a service offered to ship owners with the purpose to assist
and minimise to the maximum possible extent negative consequences to the ship and
the environment in case of an emergency situation.
Benefits
The Emergency Response Service is fast, reliable and around the clock, professional
assessment of the condition of a ship in emergency. A team of dedicated experts helps
to make the best decision for the vessel, when company and crew are in a very stressful
situation.
Enrolment with ERS will ensure compliance of vessels with:
• MARPOL Annex I, Ch.5, Reg.37(4)
• Requirements of USCG Oil Pollution Act (OPA’90) and the relevant
33CFR155.240
and will help with:
• Shipboard Oil Pollution Emergency Plan (SOPEP)
• International Safety Management Code (ISM).
During an emergency situation, the ERS duty team will be available until a stable and
safe condition for the ship is established and will provide with the necessary follow up
as to vessel’s needs. ERS service provides easy access to the class experts.
Scope
The Emergency Response Service provides prompt access to shore based expert
assistance for the assessment of the damage stability and the residual strength of a
vessel in emergency. An emergency response situation is defined to exist, when vessel
has suffered damage caused by collision, grounding, structural breakdown, fire,
explosion or similar, such that the vessel’s stability, strength and sea worthiness are
impaired, or when significant oil spill may occur.

CONDITION ASSESSMENT PROGRAMME
CAP is an independent and thorough verification of the actual condition of a

vessel, based upon detailed inspection and function/performance testing, thickness
measurements and strength calculations.
The Condition Assessment Programme has been created out of a wish from the
serious ship owners to document the quality of their vessels beyond the scope of
classification. DNV was the first classification society to offer a Condition
Assessment service, and took the initiative to develop a harmonised rating scale
for the three leading societies.
The Programme is designed for tankers older than 20 years and bulk carriers older
than 15 years, but may well be used for other types of tonnage and at any age.
Purpose:
• To have the vessel judged based on the actual condition on board rather than
age
• To contribute to ensuring safest possible transportation of the cargo
• To obtain documentation on the Owner's/Managing company's own
standards (audit)
• To establish a sound basis for decisions on repair or investments in order to
extend the life of the vessel
• To document a vessel's technical condition towards/in connection with
- underwriters
- cargo owners and/or authorities in connection with entry into new
charters or renewal or existing ones beyond expiry dates
- refinancing of the vessel
- sale or termination of management agreements etc.
Scope:
CAP may cover the whole vessel or parts of it only. This is up to the owner to
decide. The service is divided into two areas:
- Hull
- Machinery and Cargo Handling Systems
Inspection and Measurements:
• Close-up inspection of hull structure

• Ultrasonic Thickness Measurements (UTM) of hull structure
• Performance witnessing of cargo systems and machinery
• Measurements of diesel engines indicator diagrams
• Vibration measurements of rotating machinery
• Oil analysis
Scale of Rating:
A rating scale ranging from 1 (best) to 4 (lowest) has been established. A Rating
Committee decides the final ratings.
CAP Declaration:
The CAP ratings awarded by the Rating Committee are stated in the CAP
declaration and reflects the condition of the vessel at the time of inspection.
Charterers have introduced their own acceptance periods related to the ratings
stated in the CAP Declaration.
CAP Report:
The CAP documentation consists of:
• Statement of facts including particulars of the vessel

• Executive Summary of findings from inspection and analyses
• Technical reports containing descriptions, observations and ratings
• Photographic evidence where the average condition is reflected together with
the extreme findings (best and worst), to verify the basis of the findings
• Detailed report on indicator diagrams, oil analysis and vibration
measurement analysis
CAP is a voluntary service to ship owners, and is a supplement to classification.

Class implies that a vessel has a technical standard equal to or better than a
minimum standard as defined by Class Rules, while CAP describes and specifies
the actual standard on board at the time of inspection.

COLLECTIVE BARGAINING AGREEMENT

 A collective agreement is a labor contract between an employer and one or
more unions.
 Collective bargaining consists of the process of negotiation between
representatives of a union and employers (represented by management, in
some countries by employers' organization) in respect of the terms and
conditions of employment of employees, such as wages, hours of work,
working conditions and grievance-procedures, and about the rights
and responsibilities of trade unions.
 The parties often refer to the result of the negotiation as a collective
bargaining agreement (cba) or as a collective employment agreement (cea).
Also known as: bargaining agreement, union contract, and employer-union
contract
 An agreement negotiated between a labor union and an employer that sets

forth the terms of employment for the employees who are members of that
labor union. This type of agreement may include provisions concerning
wages, vacation time, working hours, working conditions, and health
insurance benefits.

DAMAGE CONTROL PLANS
 The damage control plan should be of a scale adequate to show clearly the
required content of the plan.
 Isometric drawings are recommended for special purposes. The plan should
include inboard profile, plan views of each deck and transverse sections to
the extent necessary to show the following:
.1 the watertight boundaries of the ship;
.2 the locations and arrangements of cross-flooding systems, blow-out plugs and
any mechanical means to correct list due to flooding, together with the locations of
all valves and remote controls, if any;
.3 the locations of all internal watertight closing appliances including, on ro-ro
ships,internal ramps or doors acting as extension of the collision bulkhead and
their controls and the locations of their local and remote controls, position
indicators and alarms. The locations of those watertight closing appliances which
are not allowed to be opened during the navigation and of those watertight closing
appliances which are allowed to be opened during navigation, according to
SOLAS regulation II-1/22.4,
.4 the locations of all doors in the shell of the ship, including position indicators,
leakage detection and surveillance devices;
.5 the locations of all external watertight closing appliances in cargo ships,
position indicators and alarms;
.6 the locations of all weathertight closing appliances in local subdivision
boundaries above the bulkhead deck and on the lowest exposed weather decks,
together with locations of controls and position indicators, if applicable; and
.7 the locations of all bilge and ballast pumps, their control positions and
associated valves.

DAMAGE CONTROL BOOKLETS

 The information listed above should be repeated in the damage control
booklet.
 The damage control booklet should include general instructions for
controlling the effects of damage, such as:
.1 immediately closing all watertight and weathertight closing appliances;
.2 establishing the locations and safety of persons on board, sounding tanks and
compartments to ascertain the extent of damage and repeated soundings to
determine rates of flooding; and
.3 cautionary advice regarding the cause of any list and of liquid transfer
operations to lessen list or trim, and the resulting effects of creating additional free
surfaces and of initiating pumping operations to control the ingress of water.
 The booklet should contain additional details to the information shown on
the damage control plan, such as the locations of flooding detection systems,
sounding devices, tank vents and overflows which do not extend above the
weather deck, pump capacities, piping diagrams, instructions for operating
cross-flooding systems, means of accessing and escaping from watertight
compartments below the bulkhead deck for use by damage control parties,
and alerting ship management and other organizations to stand by and to co-
ordinate assistance, if required.
 If applicable to the ship, locations of non-watertight openings with non-
automatic closing devices through which progressive flooding might occur
should be indicated as well as guidance on the possibility of non-structural
bulkheads and doors or other obstructions retarding the flow of entering
seawater to cause at least temporary conditions of unsymmetrical flooding.
 If the results of the subdivision and damage stability analyses are included,
additional guidance should be provided to ensure that the ship's officers
referring to that information are aware that the results are included only to
assist them in estimating the ship's relative survivability.

WHEELHOUSE POSTER
The wheelhouse poster should be permanently displayed in the wheelhouse. It
should contain general particulars and detailed information describing the
maneuvering characteristics of the ship, and be of such a size to ensure ease of use
.e.g. ship’s name, C/S, GRT, NRT, DWT, DISPL, Block co-efficient,
Draught(loaded/ballast), steering particulars, Anchor chain, Propulsion particulars,
thruster effect, Draught increase (loaded), turning circles at max. Rudder angles,
emergency maneuvers (full ahead to full astern), stopping characteristics (track
reach), man overboard rescue maneuver.
MANEUVERING BOOKLET
The maneuvering booklet should be available on board and should contain
comprehensive details of the ship’s maneuvering characteristics and other relevant
data. The maneuvering booklet should include the information shown on the
wheelhouse poster together with other available maneuvering information. e.g.
General description (ship’s particulars, characteristics of main engine),
maneuvering characteristics in deep water (course change performance, turning
circles in deep water, accelerating turn, yaw checking tests, man overboard and
parallel course maneuvers, lateral thruster capabilities), stopping and speed control
characteristics in deep water (stopping ability, deceleration/acceleration
performance), maneuvering characteristics in shallow water (turning circle in
shallow water, squat) maneuvering characteristics in wind (wind forces and
moment, course-keeping limitations, drifting under wind influence) maneuvering
characteristics at low speed & additional information.

MARITIME LABOUR CONVENTION, 2006
It is an important new international labour Convention that was adopted by the

International Labour Conference of the International Labour Organization (ILO),
under article 19 of its Constitution at a maritime session in February 2006 in
Geneva, Switzerland.
It sets out seafarers’ rights to decent conditions of work and helps to create
conditions of fair competition for shipowners. It is intended to be globally
applicable, easily understandable, readily updatable and uniformly enforced.
The Maritime Labour Convention, 2006 has been designed to become a global
legal instrument that, once it enters into force, will be the the “fourth pillar” of the
international regulatory regime for quality shipping
The Convention will enter into force:
" …12 months after the date on which there have been registered ratifications by
at least 30 Members with a total share in the world gross tonnage of ships of 33
per cent."
LAYOUT & CONCEPT OF MLC
The Convention is organized into three main parts: the Articles coming first set
out the broad principles and obligations.
This is followed by the more detailed Regulations and Code (with two parts: Parts
A and B) provisions.
The Regulations and the Standards (Part A) and Guidelines (Part B) in the Code
are integrated and organized into general areas of concern under five Titles:
Title 1: Minimum requirements for seafarers to work on a ship

Title 2: Conditions of employment
Title 3: Accommodation, recreational facilities, food and catering

Title 4: Health protection, medical care, welfare and social security protection
Title 5: Compliance and enforcement.
These five Titles essentially cover the same subject matter as the existing 68
maritime labour instruments, updating them where necessary.
It occasionally contains new subjects, particularly in the area of occupational

safety and health to meet current health concerns, such as the effects of noise and
vibration on workers or other workplace risks.
CERTIFICATION
A maritime labour certificate and a declaration of maritime labour

compliance would be issued by the flag State to a ship that flies its flag, once the
State (or CLASS), has verified that the labour conditions on the ship comply with
national laws and regulations implementing the Convention.

IAMSAR
Q: WHAT IS DUTIES OF OSC?
A: # Co-ordinate operations of all SAR facilities on-scene.

# Receive the search action plan from the SMC or plan the search or rescue
operation, if no plan is otherwise available. (See Planning and Conducting the
Search in this section.)
# Modify the search action or rescue action plan as the situation on- scene
dictates, keeping the SMC advised ( do in consultation with the SMC when
practicable.)
# Co-ordinate on-scene communications.
# Monitor the performance of other participating facilities.
# Ensure operations are conducted safely, paying particular attention to
maintaining safe separations among all facilities, both surface and air.
# Make periodic situation reports (SITREPs) to the SMC. The standard
SITREP format may be found in appendix D. SITREPs should include but not be
limited to:
Weather and sea conditions the results of search to date any actions taken any
future plans or recommendations.
# Maintain a detailed record of the operation:

on-scene arrival and departure times of SAR facilities, other vessels and aircraft
engaged in operation areas searched track spacing used sightings and leads
Reported actions taken result obtained.
# Advise the SMC to release facilities no longer required.

# Report the number and names of survivors to the SMC.
# Provide the SMC with the names and designations of facilities with survivors
aboard.
# Report which survivors are each facility.
# Request additional SMC assistance when necessary (for example, medical
evacuation of seriously injured survivors).

MISCELLANOUS
Q. DEFINE PLACE OF REFUGE ?

Place of refuge means a place where a ship in need of assistance can take action to
enable it to stabilize its condition and reduce the hazards to navigation, and to
protect human life and the environment.
Q.DISCUSS MARITIME ASSISTANCE SERVICE ?
The circumstances of a ship.s operation that involve a MAS are not those
requiring rescue of persons
Three situations can arise:

- the ship is involved in an incident (e.g., loss of cargo, accidental discharge of
oil, etc.) that does not impair its seakeeping ability but nevertheless has to be
reported;
- the ship, according to its master.s assessment, is in need of assistance but not in a
distress situation (about to sink, fire developing, etc.) that requires the rescue of
those on board; and
- the ship is found to be in a distress situation and those on board have already
been rescued, with the possible exception of those who have remained aboard or
have been placed on board to attempt to deal with the ship’s situation.
If, however, in an evolving situation, the persons on board find themselves in
distress, the involvement of the MRCC and not the MAS will have priority
Duties of MAS’s
 In accordance with the above resolution, the functions of a MAS are the
following:
 To receive the reports, consultations and notifications provided for by the
relevant IMO instruments in the event of an incident involving a ship;
 To monitor the ship.s situation if a report as referred to in .1 discloses an
incident that may give rise to a situation where the ship is in need of
assistance;

 To serve as the point of contact between the master and the coastal State if
the ship.s situation requires exchanges of information between the ship and
the coastal State other than a distress situation that could lead to a search and
rescue operation;
 To serve as the point of contact between those involved in a marine salvage
operation undertaken by private facilities at the request of the company and
the coastal State if the coastal State considers that it should monitor the
conduct of the operation.
Operation of a MAS
 A MAS should be operational on a 24-hour basis.

 It should be possible for the English language to be used in exchanges
between a ship in need of assistance and a MAS.
 MASs should be authorized by their respective Governments to exchange
with each other information concerning reports received and situations
involving ships which may be in need of assistance.
Q: WHAT IS NOTE OF PROTEST ? GIVE EXAMPLES OF FEW CASES

WHEN TO NOTE PROTEST ?
Noting protest may help resist cargo loss or damage claims on the owner.
A protest is a solemn declaration made on oath by shipmaster that
circumstances beyond his control have, or may have, given rise to loss and /or
damage to his ship or its cargo, or behave caused him to take action such as
leaving on unsafe port which may render his owners liable to legal action by
another party.A protest (without an extension) is a simple statement of fact,
without added details.
WHEN NOTE OF PROTEST:
1. After every case of General Average.

2. After wind and /or sea conditions have been encountered which may have
damaged cargo or caused failure, to make a canceling date.
3. After cargo is shipped in a condition likely to deteriorate during the
forthcoming voyage.
4. After the ship has been damage from any cause.
5. After a serious breach of the charter-party by the charterer or his agent (e.g.
under delay, refusal to load, cargo not of a sort).
6. After the consignee fails to discharge or take delivery of the cargo or fails to
pay freight.
o Protest should be noted as soon as possible after arrival and always with in
24 hrs of arrival.
o If in connection with cargo it should be noted before breaking bulk.
Q.HOW WILL MASTER SERVE OWNERS INTEREST IN CASE OF

COLLISION.
1. Take advice from P & I club, local correspondents after informing owners &
act in best interest of owners.
2. Do not admit liability
3. If clubs advise them serve a formal notice to master of opponent vsl holding
him responsible for all loss & damages sustained
4. Inform & invite his owners for carrying out a joint survey in order to
establish extent of damage
5. Keep all evidence ready eg: logs, course recorder papers, nav charts,
standing orders, night orders, VDR information.
Q: KEEPING IN MIND THE COMMERCIAL INTERESTS OF OWNER,
DISCUSS THE ROLE OF A SHIPMASTER IN RESPECT OF HIS DUTIES
The role of ship master is very important in safe guarding the commercial interests
of owner because the master is the owner representative and take care of the ship,
its crew and cargo for the commercial benefit of the owner by the following:

1. Voyage Planning: As soon as owner informed about next load port voyage
planning should be prepared, the route must be the proper and shortest so
that vessel will reach next port as early as possible. All the information
regarding ROB /Required F.O./D.O./L.O./F.W./ Provision and ETA to be
sent to owner well in advance so that he can arrange all things available
when vessel reach to load port. Owner or agent must informed the master
regarding availability of berth/anchor position/ bunker berth/what is going to
load and how much to be load, according holds/tanks can cleaned and time
can be saved.
2. Time management: time management is very important in the commercial
aspect. Master should delegate the jobs to all the crew members and
authority must be given as per their rank/position. E.g. Chief Officer is in-
charge of cargo loading and calculation, 2/O in charge of to make the
passage plan etc.
3. Vessel should be seaworthy: All Certificates & Documentation should be in
order and valid. Survey will be carried out before departure.
4. Planned Maintenance Schedule: Proper maintenance of hull and all
machinery to be carried out as per the planned maintenance schedule to
avoid the any breakdown & incident.
5. Complying National/International Rules & Regulation: When vessel at port
and at sea the National/international rules and Regs must be complied with.
6. Safe loading, carrying and discharging of cargo and care must be taken
7. Documentation: Weather reports/Navigational warnings must be obtained so
that proper action may be taken in advance. Information/instruction/orders
from owner /charter party must be followed.
8. Budget : Budget for the financial year should be made e.g. Provisions,
tanks/holds cleaning money, any other requirements/authority given to
master and forwarded to owner.
9. ISM Code: Safety of crew, environment and property must be taken in
account and proper drills, training to be carried out as per schedule to avoid
any emergency situation.. All crew must have proper certificates and
medically fit.
10. Human Resources Management: crew must be motivated and their
welfares regarding their wages, provisions, PPE etc.

11. Leadership quality: All officers and crew must obey the master’s
instruction.
12. Bill of Lading: Cargo loaded on board must be checked and remarks
can be written on the bill of lading in case cargoes are less or damaged.
13. Proper communication: There are two type of communication : a)
Routine b) Non-routine.
Communication must be clear and understandable from the
owner/chatterer/surveyor/port control e.g. fax, e-mail, verbal etc. Verbal
order always written in the log books and time and senders name to be
written down.
14. Bunker Management: Bunker should be calculated for the voyage and
2-3 days extra in case of emergency, proper quantity & quality, proper speed
and cost effects. There should be no oil pollution while bunkering.
15. Charter party: Know the various clauses of the charter party. Time of
arrived ship, vessel ready for loading and time of NOR and statement of
facts.
Q. DISCUSS ABOUT VATIOUS CERTIFICATES CARRIED ON BOARD

DIFFERENT TYPES OF SHIPS ?
A. All ships
1. International Tonnage Certificate (1969) - Tonnage Convention
2. International Load Line Certificate (1966) - Load Line Convention
3. International Load Line Exemption Certificate - Load Line Convention
4. Intact Stability Booklet - SOLAS 1974
5. Damage control booklets - SOLAS 1974
6. Minimum safe manning document - SOLAS 1974
7. Certificates for masters, officers or ratings - STCW 1995
8. International Oil Pollution Certificate - MARPOL 73/78
9. Oil Record Book - MARPOL 73/78
10. Shipboard Oil Pollution Emergency Plan - MARPOL 73/78
11. Garbage Management Plan - MARPOL 73/78
12. Garbage Record Book - MARPOL 73/78

13. Cargo Securing Manual - SOLAS 1974

14. Document of Compliance - SOLAS 1974
15. Safety Management Certificate - SOLAS 1974
B. PASSENGER SHIPS : In addition to the certificates listed in section A
above, shall carry :
1. Passenger Ship Safety Certificate - SOLAS 1974

2. Exemption certificate - SOLAS 1974
3. Special Trade Passenger ships - STP Agreement
4. Special Trade Passenger Ships Space Certificate - SSTP 73
5. Search and Rescue co-operation plan - SOLAS 1974
6. List of operational limitations - SOLAS 1974
7. Decision support system for masters - SOLAS 1974
C. CARGO SHIPS : In addition to the certificates listed in section A above,

shall carry :
1. Cargo Ship Safety Construction Certificate - SOLAS 1974

2. Cargo Ship Safety Equipment Certificate - SOLAS 1974
3. Cargo Ship Safety Radio Certificate - SOLAS 1974
4. Cargo Ship Safety Certificate - SOLAS 1988 Protocol
5. Exemption Certificate
6. Document of Compliance with the special requirements
For ships carrying Dangerous Goods - SOLAS 1974
7. Dangerous Goods Manifest Or Stowage Plan - SOLAS 1974
8. Document of Authorization for the Carriage of Grain- SOLAS 1974
9. Certificate of Insurance or other Financial Security in
respect of Civil Liability for Oil Pollution Damage - CLC 1969
10. Enhanced Survey Report File - MARPOL 73/78
11. Record of Oil Discharge Monitoring and Control

System for the last Ballast Voyage - MARPOL 73/78
12. Bulk Carrier Booklet - SOLAS 1974
D. SHIPS CARRY NOXIOUS LIQUID SUBSTANCES IN BULK : In addition

to the certificates listed in section A and C above, shall carry
13. International Pollution Prevention certificate for the Carriage of

Noxious Liquid Substances in Bulk (NLS Certificate)
- MARPOL 73/78
14. Cargo Record Book - MARPOL 73/78
15. Procedures & Arrangements Manual (P&A Manual)
- MARPOL 73/78
16. Shipboard Marine Pollution Emergency Plan for
Noxious Liquid Substances - MARPOL 73/78
E. CHEMICAL TANKER : In addition to the certificates listed in sec. A and C

above, shall carry
1. Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk
- BCH Code
2. International Certificate of Fitness for the Carriage of Dangerous
Chemicals in Bulk - IBC Code
F. GAS CARRIER : In addition to the certificates listed in section A and C

above, shall carry

1. Certificate of Fitness for the Carriage of Liquid Gases in Bulk

- GC Code
2.) International Certificate of Fitness for the Carriage of Liquid Gases in

Bulk - IGC Code
Q.EXPLAIN WITH ILLUSTRATIVE EXAMPLES THE FOLLOWING TERMS

SHOWING HOW THEY ARE SETTLED:
A) POSSESSORY LIEN B) MARITIME LIEN
A) A possessory lien is the right of a person in possession of goods to retain their

possession until payment is made by the owners of any sum due with respect of
the goods. A possessory lien does not confer the right of sale on the person in
possession of the goods. In marine world the most common types of possessory
liens are the ship owners lien on the cargo for:
• Freight
• Contribution towards general average
• Salvage expenditure
Freight: A lien for freight on cargo exists only if the freight is payable at the time
of delivery of cargo. It applies to goods on the same voyage to the same consignee
for the freight due. Even though the goods may be carried under different B/L’s.
General Average: The ship owner has a possessory lien on the cargo for its
proportional contribution towards general average expenses. It is the accepted
practice to release the goods on receiving an average bond or other security.
Salvage: The ship owner also has a lien on the cargo for its proportional share of
contribution towards salvage expenses.
If the shipowner parts with the possession of the goods he looses his possessory
lien. In practice it is only necessary to retain that much of the cargo as will cover

the expenses due. There is no lien for dead freight, demmurage, detention i.e unless
claused in the contract.
B) Maritime lien: A maritime lien is the right against the ship & the freight she
may be earning which gives the claimant he power to have the ship arrested & if
necessary sold to recover his claim. Such a lien may be enforced to through the
courts. A maritime lien enables the injured party to make the ship itshelf available
as security. The salient features of a maritime lien are:
* The right is independent of the possession of the property over which it is
claimed.
* It continue to attach to the property & is effected by charge of ownership or the
owner going bankrupt.
* If the ship is to be sold & its assets distributed, the holder of a maritime lien has a
higher priority than other creditors.
* The lien can be enforced within 2 years ( extendable by court)
*A maritime lien is right against the thing itshelf & not against the person owing it.
A maritime lien may be a contractual lien ( wages, salvage etc) or a damage lien (
collision).
Q. DISCUSS THE DOCUMENTS WHICH HAD TO BE KEPT ON BOARD &

VALID & READY TO ENSURE OBTAINING “ FREE PRATIQUE” ON
ARRIVAL FOR A HEALTHY SHIP. WHAT IS RADIO PRATIQUE?
Ans. To obtain free pratique the documents required are”

• Maritime declaration of health
• Valid deratting or deratting exemption certificates
• Valid vaccination certificate for crew & passengers.
The above documents are specified by the international health organization

regulations.
1. Maritime declaration of health: It is a standard form & has on it the ship”s name,
nationality, port of arrival, master”s name, net tonnage, details ofderatting or
deratting exemption certificate, list of the crew & passengers, list of ports visited

since the commencement of the voyage & dates of departure therefrom. The date
of arrival at the present port is also mentioned. The certificate has 6 questions
which have to be answered by the master & these questions deal with the
occurrence of plague, cholera, small pox, yellow fever & any other communicable
disease on board. Also if there has been a death other than by accident on board &
the presence of any sick persons on board the reverse side contains details of every
illness or death on board. The form is signed by the master & the ships surgeon if
any.
2. Where it is required the ship must be properly fumigated & will then be issued with
a deratting certificate. However if the ship is kept in a clean & healthy condition
then ship is issued a deratting certificate. Such a certificate is valid for a period of 6
months.
3. Valid vaccination certificates are required & if any such certificate is nearing
expiry it must be updated by getting the person re vaccinated.
4. Radio Pratique: Some ports do grant inward health clearance if the master sends a
message stating that his ship is healthy, the time before the ships ETA. When the
required message is to be sent may be obtained from the port information book of
from the agent. In general radio pratique is granted if the radio message confirms
that:
• That there has been no death other than by accident on board
• No case of illness accompanied by fever which lasted for more than 48 hours
• No case of diarrhea severe enough from any infectious disease
• There is no animal or captive bird on board
• There is no excessive morality among rats, if any.
Q. DISCUSS THE CUSTOMS HOUSE FACILITIES WHICH HAVE TO BE

OBSERVED BEFORE A VESSEL CAN
A)DISCHARGE IMPORT CARGO B) LOAD EXPORT CARGO C) DEPART
A PORT.
Ans. a) The master of a ship carrying import cargo within 24 hours of arrival, must
deliver the import general manifest to the designated customs officer. The master

must inform the customs by providing a certificate who is his agent responsible to
transact all business on behalf of the master in that port.
The agent files a general declaration stating details of the vessel, date of arrival &
masters name, previous potrs & last port of call. The following documents are filed
with the general declaration:
• Port clearance of the last port of call
• Stores list
• Crew list & declaration
• Passenger list
• Maritime declaration of health
The vessel is then granted “ Entry Inwards” by the customs. The agent also files a
bond with customs stating that he will account for the final destination of all goods
within two months & will pay all properties & duties of all the vessel.
The master has also to file the following documents”
• Currency declaration
• Certificate of same bottom cargoes
• Declaration of any arms or ammunition on board
• Deck cargo declaration
• Certificate of dangerous drugs on board
• The master is then to furnish a certificate stating that the ship is ready to discharge.
Import cargo is to be discharged & stored only at approved places & under the
supervision of customs .
a) Before loading export cargo the master must obtain the

“ Entry outwards” clearance after the required duties have been paid & the goods
have been cleared by the customs.
b) The documents required for obtaining port clearance are generally are:
• Declaration of ships stores
• Crew/ passenger list

The custom officer will require to sight other documents before granting port
clearance such as:
• Certificate of registry
• General License
• Load line certificate
• Safety construction certificate
• Safety equipment certificate
• Deratting / deratting exemption certificate
• Certificate of insurance
• Marine dues receipt
• Light dues receipt
• Passenger certificate
• Articles of agreement
A written order must be issued by the proper officer before a ship is allowed to
depart port.
Q. WHAT IS THE PURPOSE OF YORK-ANTWERP RULES? WHY WAS IT

NECESSARY TO AMEND THESE RULES IN 1994? DEFINE GENERAL
AVERAGE ACT AS PER THE YORK ANTWERP RULES 1974?
Purpose
Owing to the inconvenience of many different laws governing GA, efforts were
made to draft and secure the adoption of a code of GA, which would be
universally applied.
As a result, conferences of ship-owners, merchants, underwriters, lawyers and
Average Adjusters were held in Glasgow, Antwerp, York and elsewhere with a
view to establish some kind of International Code for the assessment of GA, with
the result that in 1870, the first York-Antwerp Rules were formulated. It came into
force in 1974 and since then is being revised from time to time. Latest revision is
of 1994.

These rules are applied to adjust GA if the rules are incorporated in the charter
party or Bill of Lading or contract of affreightment.
GA Act as per York-Antwerp Rules, 1974

The rules consists of Rule of Interpretation, 7 lettered rules and 22 numbered
rules.
As per Rule A (lettered rule)
There is a GA Act when, and only when, any extraordinary sacrifice or
expenditure is intentionally and reasonably made or incurred for the common
safety for the purpose of preserving from peril the property involved in a common
maritime adventure.
GA Act as per York-Antwerp Rules, 1994

The rule consists of Rule of Interpretation, Rule Paramount and 7 lettered rules
and 22 numbered rules.
Rule Paramount was added into 1994 revision. This is regarding allowance for
sacrifice or expenditure. All other places are also amended accordingly.
Rule of Interpretation:
In the adjustment of GA the following rules shall apply to the exclusion of any law
and practice inconsistent therewith.
Except as provided by the Rule Paramount and the numbered Rules, GA shall be
adjusted according to the lettered Rules.
Rule Paramount:

In no case shall there be any allowance for sacrifice or expenditure unless

reasonably made or incurred.
Rule A:
There is a GA act when, and only when, any extraordinary sacrifice or expenditure
is intentionally and reasonably made or incurred for the common safety for the
purpose of preserving from peril the property involved in a common maritime
adventure.
GA sacrifices and expenditures shall be borne by different contributing interests
on the basis hereinafter provided.
Rule A to G: 7 lettered rules

Rule I to XXII: 22 numbered rules.
Procedure after declaring GA

After master declares GA at port of refuge and / or at destination, the ship owner is
responsible for adjustment and collection of GA contribution. To achieve same he;
1) Notifies the consignee about the GA act.
2) Appoints average adjuster.
3) Master to make declarations of GA as is required by the law and custom of
the port.
4) Obtains from the consignee appropriate security (GA bond and / or GA
deposit and / or GA guarantee) for their proportion of GA contribution.
5) Details about the value of their cargo and possible loss / damage to the
cargo.
The principle basis for average adjustment by the average adjuster is the provision
in Hull policies for particular average and the rules of adjustment agreed upon in

the bill of lading or charter part contract for GA adjustment. In the absence of GA
clause in contract GA is adjusted as per the law of the country where the voyage
ends. Generally York-Antwerp Rules are incorporated by reference in contract.
The ship owner has possessory lien on cargo for GA contribution. Master shall not
deliver the cargo which is liable for GA contribution without GA deposit or
guarantee.
The average adjuster collects all necessary documents and draws up the statement
of average adjustment on the strength of all documents collected.

PORTION FOR ASM WRITTENS

 UNCLOS
 ISM
 HUMAN RESOURCE
 DRUG & ALCOHOL
 STOWAWAY
 MERCHANT SHIPPING ACT
 DG CIRCULARS
 CHARTER PARTY
 INSPECTION & SURVEY
 OPA 90 & VRP
 IAMSAR
 ICE NAVIGATION
 AFRA
 MULTIMODAL TRANSPORT
 IOPC
 MASTER-PILOT
 YORK-ANTWERP
 OPRC
 FAL
 CUSTOM HOUSE
 PSC & FLAG STATE
 ELEMENTS OF VOYAGE ESTIMATE
 SHIP’S BUDGET
 ISPS
 SALVAGE & LAW OF TOWAGE
 LRIT & AIS
 WIND HEELING CRITERIA
 MARINE INSURANCE
 IACS ( GBS )
 WORLD SCALE
 BIMCO
 SEAWORTHINESS DEFN..
 NOR,NOP & LOP
 FORMAL SAFETY ASSESSMENT
 TONNAGE ( GT,NT,SCNT & PNT )
 PORT OF REFUGE ( IMO RES A.949/23)
 IMSBC

 MLC
 MARITIME ASSISTANCE SERVICE
 P&I
 INTERNATIONAL HEALTH REGULATIONS
 SHIPPING CASUALTY INVESTIGATION
 LETTER OF CREDIT
 VTIS
 LIEN
 PIRACY
 STOWAWAY
 CLC/FUND & BUNKER CONVENTION
 CASE STUDIES CHITRA,TOSA,HEBEI SPIRIT, ETC
 BALLAST WATER CONVENTION
 NAIROBI CONVENTION
 HAGUE/HAGUE VISBY/HAMBURG/ROTTERDAM
 COGSA
 WORLDSCALE/INCOTERMS
 ISF/ICS/SIRE/SIGTTO/UNCTAD/UNCTRAL
 SOLAS CH 12
 ANTIFOULING CONVENTION
 HONGKONG CONVENTION
 INTERVENTION
BOOKS RECOMMENDED FOR ASM WRITTENS
 BRADSON
 ARI NOTES FOR ASM
 NUMERICALS FROM CAPT A.SRIVASTAVA
 LAW FROM CAPT. DESHPANDE
 MERCHANT SHIPPING ACT
BOOKS RECOMMENDED FOR ASM ORALS
 PRAVEEN PRABHAKAR
 ASM ORALS NOTES
 500 QUESTIONS ON ASM ORALS
 SODHI
 BOOK CALLED AS ‘MASTER ORAL AS PER SYLLABUS’


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1521511558maritime Law - Capt. Ashish Kapoor PDF

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MARITIME LAW FOR MATES & MASTERS 3RD EDITION 2011/12

MERCHANT SHIPPING ACT ( MSA )

Q.) WHAT ARE THE PROVISIONS OF THE MERCHANT SHIPPING ACT

A) CUSTODY AND USE OF CERTIFICATE: The Certificate of registry is to be

B) CHANGE OF MASTER OR OWNER: The change of master of an Indian ship

Ashish Kapoor ( Chief Officer : WALLEM ) Page 1

IN ALL OTHER CASES,

Previously following procedure was carried out,

C) DEFACED OR LOST CERTIFICATE: When the certificate of Registry is

Ashish Kapoor ( Chief Officer : WALLEM ) Page 2

D) SHIPS PURCHASED / CONSTRUCTED ABROAD: In case a ship becomes

E) ALTERATION OF THE SHIP AFFECTING HER TONNAGE AND

Q. STATE THE PROCEDURE FOR TRANSFERING THE REGISTRY OF AN

Ashish Kapoor ( Chief Officer : WALLEM ) Page 3

Q. WHAT ARE THE GENERAL OFFENCE AGAINST DISCIPLINE FOR

Ashish Kapoor ( Chief Officer : WALLEM ) Page 4

l) If a seaman is convicted of an offence of Smuggling of drugs.

In case of any of the above offences committed by a seaman:

Q. WHAT ARE THE DUTIES OF MASTER AS REGARDS SEAMAN OR

Ans. When any seaman or apprentice engaged in a voyage due to terminate in

Ashish Kapoor ( Chief Officer : WALLEM ) Page 5

Q. DISCUSS THE PROVISIONS OF THE MERCHANT SHIPPING ACT 1958 AS

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Ashish Kapoor ( Chief Officer : WALLEM ) Page 7

It is very important to obtain the appropriate certificate as if anything goes wrong

Q. WHAT ARE THE ENTRIES TO BE MADE IN THE OFFICIAL LOG BOOK

a) Every conviction by a legal tribunal & the punishment inflicted.

Other Entries in OLB :-

Q.GIVE THE GENERAL TERMS OF THE ARTICLES OF AGREEMENT AS

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12. Any other stipulation that may be required.

Ans. 1. Special trade means the transporting of a large number of passengers by

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Q.DISCUSS THE PROVISIONS OF MERCHANT SHIPPING ACT 1958 REGARDING

Q. A) WHAT ARE THE PROVISIONS OF MERCHANT SHIPPING ACT 1958

Ashish Kapoor ( Chief Officer : WALLEM ) Page 13

The certificate shall remain in force 1 year or the lesser period as

Q. A) WHAT IS “SHIPPING CASUALTY” AND THE PROVISIONS UNDER

Ans. A) A shipping casualty shall be deemed to occur when:

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assistance or landing the vessel cargo, equipment or persons without any

Q. EXPLAIN PROCEDURE OF INVESTIGATION & ENQUIRY FOLLOWING

POWERS OF COURT ( of Survey )

Ashish Kapoor ( Chief Officer : WALLEM ) Page 16

 Where it appears to the court that cancellation or suspension is not

CONVENING ,CONSTITUTION & POWERS OF MARINE BOARD

(a) a complaint is made to an Indian consular officer or senior officer of any

Ashish Kapoor ( Chief Officer : WALLEM ) Page 17

POWERS OF MARINE BOARD.

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(b) if it is of opinion that any master or officer of an Indian ship is incompetent or

Ashish Kapoor ( Chief Officer : WALLEM ) Page 19

Q.WHAT ARE THE OBLIGATION OF THE MASTER UNDER THE

Ans. a) Every master of an Indian ship at sea on receiving a distress signal or

b) In every case of collision it is the duty of the master, if he can do so without