Subhash kumar patel

Roll no. : OE19M015

Assignment 1
MERCHANT SHIPPING ACT 1956

INTRODUCTION
1. India is a seafaring country for centuries. It has built up a huge maritime history and
tradition quite before the rise of European maritime powers. The Indian ships used to sail
across many sea sand carries on prosperous trade with Asian and Middle East countries.
Since the advent of British Rule, the development of indigenous shipping industry was
discouraged because of preferable treatment given to the British shipping. The restrict
British navigational laws not only hindered the growth and Enhancement of Indian
shipping but gradually made it Vanish from High Seas.
2. The Merchant Shipping Law in India is existed in 19th century has never been on
sound footing. The British law was applicable for Indian ships trading in international
sea voyages as these ships were required to be registered under U.K. Merchant Shipping
Act and therefore, technically they were British Ships but registered in India. Between
the years 1938 to 1947, the subsequent legislation on merchant shipping were held the
sector (1) The Bombay Coasting Vessels Act, 1938 (2) The Indian Registration of Ships
Act, 1841 as amended in 1950; and (3) The Indian Merchant Shipping Act, 1923. The
first among the three enactments referred to above deal with regulation of seagoing
vessels. The 1841 act embodied in it provisions relating to registration of the sailing
vessels. Both these enactments had been so modelled as to apply only to small coasters
and sailing vessels. The third Act, the Indian Merchant Shipping Act, 1923 was fairly
comprehensive. Indian Merchant Shipping Law consolidating the provisions of the
sooner two acts was supplemented by passing of Seamen Act, 1946 and Control of
Indian Shipping Act, 1947. This Act had, only consolidated the laws on merchant
shipping and it didn't revised the law and thus , was found wanting in many respects. The
provisions of the International Conventions with reference to Load Lines, 1930 and
SOLAS, 1948, both of which were ratified by India were afterward incorporated through
the Indian Merchant Shipping Amendment Acts of 1933 and 1953.

3 Immediately after the independence to match the wants of a maritime country like

India, the Merchant Shipping Act, 1958 was gone by the Indian Parliament. This Act had
made good the main deficiency in the Previous laws that they did not provide for
registration of what may be termed as Indian Ships. Certain enabling provisions were
also incorporated in the Act to accelerate the speed of development of shipping in the
post independence period. This Act is split into 24 parts, each part handling Particular
aspects of merchant shipping like registration of ships , sailing vessels and fishing
vessels, National Shipping Board, manning of ships, engagement, discharge and
repatriation of seamen and apprentices, safety of passenger and cargo ships, control of
Indian ships and ships engaged within the coasting trade, collisions, prevention and
control of pollution of the sea by oil from ships, limitation of shipowners liability, civil
liability for the oil pollution damage etc.
Registration procedure developed by merchant shipping act 1958
Registration of Indian ship

 Application of Part.
 Indian ships.
 Obligation to register
Procedure of registration
 Ports of registry
 Registrars of Indian ships
 Procedure for registration Register book
 Application for registry
 Survey and measurement of ships before registry
 Marking of ship
 Declaration of ownership on registry
 Evidence on first registry
 Entry of particulars in register book
 Documents to be retained by registrar
 Power of Central Government to inquire into title of Indian ship to be so registered

The different parts of the Act came into force on different dates as indicated below :
(i) Parts I & II came into the force on 15.12.1958;
(ii) Part IV came into the force on 17.3.1959;
(iii) Section 7, Part XIV (including Section 405-414), Section 436, (In so far as it relates
to offences mentioned against S.No. 122 to 125 (both inclusive), Sections 437, 438, 439,
440, 441, 458, 459 and 460 and so much of section 461 and that of part I of Schedule as
relates to Control of Shipping Act, 1947 came into the force on 1.4.1960;
(iv) The remaining provisions of original Act ( Except the amendments made
subsequently) came into the force on the date 1.1.1961;
(v) Part VIA providing for obligation of the certain certificate holders to serve the Govt.
or in Indian Ships was inserted by amendment Act of 1979 came into the force from
4.5.1979;
(vi) Part IXA is dealing with nuclear ships inserted by Amendment Act of 1966 came
into the force from 28.5.1966.
(vii) Part XA giving provisions for limitations of the liability of owners in case of certain
damages inserted by Amendment Act of 1970, came into the force from 15.9.1972;
(viii) Part XB giving provisions for civil liability for oil pollution damage was inserted
by the Amendment Act of 1983 came into the force from 18.5.1983;
(ix) Part XVA giving provisions for fishing boats inserted by the Amendment Act of
1983 which came into the force from 18.5.1983.
INTENTS AND PURPOSES:-
The intent and purpose of Act is explained in the preamble to Act, which is as
follows:-
"An Act to faster the event and make sure the efficient maintenance of an Indian
merchantile marine during a manner best suited to serve national interest and for this
purpose to establish a National Shipping Board and to provide for the registration of
Indian Ships and generally to amend and consolidate the Law relating to the Merchant
Shipping”.

AMENDMENT OF THE M.S.ACT,1958 :-

The Merchant Shipping Act, 1958 has been amended on thirteen occasions since
1958 and therefore the major amendments were made as indicated below :-
(a) In 1966, the provisions of International Convention for the Safety of Life at Sea,
1960 were inserted in the Act;
(b) The Special Trade Passenger Ship Agreement, 1971 and
(c) The Protocol on space Requirements for Special Trade Passenger Ships, 1973.
(d) In 1973, The amended provisions of Law aim at upgrading safety requirements
applicable to special Trade Passenger Ships (Formerly known as unberthed Passenger
Ships)
(e) In 1979, provision for putting an obligations on persons obtaining certificates of
competency under the Act to serve the govt or Indian Ships for the required period was
incorporated in the Act;
(f) In 1981, provisions to enable Co-operative Societies to own and register ships was
incorporated in the Act;
(g) In 1983, the provisions of International Convention on Control and Prevention of the
Pollution of Sea by ships in accordance with the amendments to the 1954 Oil Pollution
Convention; Giving provisions for civil liability for Oil Pollution damage, was
incorporated partially X B of the Act. The 1983 amendment act also provided to insert
new provisions for the registration of fishing boats and their inspection etc, in Part XVA
of the Act,
(h) In 1984 provisions in relation to the Welfare of Seamen and insurance of crew of
sailing vessels, etc. was incorporated in Act;
(i) In 1986, Section 80 of the Act regarding grant of certificate of service to naval
officers was deleted from Act, as the International Convention on Standards of training,
Certification and Watch-keeping 1978 does not permit grant of certificates of service
without examination.
(j) In 1986, an Act called the Shipping Development Fund Committee (Abolition)
Act,1986 was passed to abolish SDFC constituted under the M.S. Act, 1958. The Central
Government delegated the Shipping credit and Investment Company of the India
Limited, a Company registered under Companies Act, 1956 ( 1 of 1956) with all its
functions in 1987.
(k) In 1987 provision with reference to the manning of ships by certificated officers in
accordance with Standards of coaching , Certification and Watchkeeping Convention of
1978 was inserted within the Act;
(l) In 1988, provisions of the International Convention on Civil Liability for Oil
Pollution Damage, 1969 and its 1976 Protocol was inserted in the Part XB of Act;
(m) In 1993, on recommendation of the M.S. Act Review Committee, the Sections
21,42,45,51, 412 and 414 of the M.S. Act, 1958 were amended. The Govt. of India in
1991, found out a Review Committee under Chairmanship of Director General of
Shipping to review the Merchant Shipping Act 1958 in its entirety taking into the
consideration of international conventions which India has ratified but not enacted
statutorily. The Committee has gone into depth of the provisions of M.S. Act 1958 and
has suggested wide ranging amendments of varied sections including the preamble. The
intent and purpose of the Act is best explained within the suggested preamble by the
Review Committee which now includes to supply for registration of Indian ships, safety
of ships, welfare of seafarers etc. These recommendations of the Review Committee are
under consideration of the Government to amend the M.S. Act 1958 for incorporating the
same. The policy of liberalisation adopted by the Government since 1991 has also been
taken care of inclusion in the Merchant Shipping Act.