Unseaworthy and Unsafe Ship’s as

per MSA 1958

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:

1. Sending an unseaworthy ship to sea and

2. Obligation of owner and master to crew with respect to seaworthiness

3. Explain Certificate of Seaworthiness

4. Explain interim Certificate of Class

What is a Unseaworthy and an Unsafe Ship?

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 the
report and he may appeal against the report within 7 days.

The shipowner 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.

The Provisions of Merchant Shipping

Act 1958 as regards to:
1. Sending an Unseaworthy ship to sea
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.

2. Obligation of Owner and Master to crew

with respect to seaworthiness
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 ensure
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.

3. Explain Certificate of Seaworthiness

Certificate of seaworthiness if a ship sustains 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 another class) is
satisfied that the ship is fit in every respect to continuing her voyage, he will issue a certificate
of seaworthiness.

4. Explain 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.

Official log book entries as per MSA

1958
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)

The entries to be made in the official log book

with regard to seaman & apprentice are as
follows:
1. Every conviction by a legal tribunal & the punishment inflicted.
2. A record of every offence committed for which it is intended to prosecute or levy
a fine along with a statement of the reading out of the entry & the record of the
reply.
3. A record of every offence for which a punishment is inflicted & the punishment
inflicted.
4. 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.
5. A record of every injury or illness & the treatment thereof.
6. A record of every death on board & the reason thereof.
7. A record of every birth on board. The child’s sex & the names of the parents.
8. Every marriage on board is to be recorded along with the names of the parties.
9. 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)
10. The wages due of any seaman & apprentice who dies on board & the gross
amount of deduction therefrom.
11. The money & any property of a seaman or apprentice who dies during the
voyage.
12. Any other matter as prescribed

Other Entries in OLB :-

 Collision
 Casualty
 Handing over documents on Change of command.
 Taking over & Handover of command
 Inspection of Food, provisions & accommodation
 Port particulars & departure 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 vessel’s 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.

Articles of Agreement – MSA 1958

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 the 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 the
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 the 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.

The General offences against discipline for

which a seaman or apprentice may be
penalized as per MSA 1958 are:
1. 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.
2. 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.
3. If he deserts the ship.
4. If he refuses to join the ship or to sail after joining without reasonable cause.
5. If he is absent from his duty without reasonable cause.
6. If he is guilty of neglect of duty or willful disobedience to any lawful command.
7. If he is guilty of continued willful neglect of duty or continued willful disobedience
to lawful command.
8. If he assaults the master, officer, seaman or apprentice belonging to the ship.
9. 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.
10. If he willfully damages the ship her stores or cargo or commits criminal
misappropriation of breach of trust.
11. 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.
12. 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.

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?

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 which remain at port for at least 48 hours 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.