Ministry of Shipping
The Merchant Shipping Act, 1958, is a cornerstone of Indian maritime law. It was enacted to consolidate and amend existing laws related to merchant shipping, aiming to foster the development and efficient maintenance of an Indian mercantile marine. The Act addresses a broad range of issues, including the establishment of a National Shipping Board, ship registration and certification, safety regulations, crew welfare, prevention of pollution, wreck and salvage, and investigation of shipping casualties. This Act falls under the Ministry of Ports, Shipping and Waterways.
Enactment Date, Number of Chapters, Number of Sections:
The Act was enacted on October 30, 1958, with different parts coming into force on different dates. It consists of eighteen parts and a substantial number of sections, some of which have been omitted or repealed over time.
Act Governed By:
The Act is primarily administered by the Director-General of Shipping and various other authorities designated under the Act, including the Mercantile Marine Department, surveyors, shipping masters, and port authorities. Both the Central and State Governments have specific powers and responsibilities under the Act.
On Whom It Is Applicable:
The Act applies to all Indian ships, whether within or outside India’s territorial waters. It also applies to foreign ships while they are within Indian ports or territorial waters, as specified in the Act. The Act’s provisions cover shipowners, masters, seamen, and other individuals or entities involved in maritime activities.
Penalties/Punishments:
The Act prescribes various penalties for offenses, including fines and imprisonment. Penalties can be imposed for violations related to ship registration, safety regulations, crew welfare, pollution prevention, and other provisions of the Act.
Important Pointers:
-
Establishes a National Shipping Board to advise the government on shipping matters.
-
Provides a comprehensive framework for the registration, certification, and survey of Indian ships.
-
Sets out detailed rules for the safety of ships, including life-saving appliances, fire-fighting equipment, and navigation procedures.
-
Addresses the employment, welfare, and discipline of seamen.
-
Deals with issues related to wreck, salvage, and collisions at sea.
-
Provides for the investigation of shipping casualties and inquiries into misconduct or incompetence of ship officers.
-
Includes provisions for the prevention and control of pollution from ships.