Section 135
Vessel not to proceed to sea without valid pollution prevention certificates.
The Merchant Shipping Act, 2025
About this Act
An Act to consolidate and amend the law relating to merchant shipping to ensure compliance with India's obligation under the maritime treaties and international instruments to which India is a party and also to ensure the development of Indian shipping and efficient maintenance of Indian mercantile marine in a manner best suited to serve the national interest and for matters connected therewith or incidental thereto.
(1) No vessel shall proceed to sea unless such vessel is in possession of valid certificates required under the convention or agreement or treaty referred to in section 134.
(2) A vessel shall carry a valid certificate onboard and shall be subject to inspection while at a port in India by the surveyor or an authorised person in such manner as may be prescribed:
Provided that nothing in this sub-section shall be construed as limiting the powers of any officer under any other law for the time being in force from boarding and inspecting the vessel or its equipment.
(3) If the inspection under this section reveals that a vessel does not have a valid certificate onboard or whose condition or equipment’s condition does not meet the particulars of the certificate onboard, the vessel may be detained by order by a proper officer until proceedings are concluded under this section or in the opinion of the Central Government, the vessel can proceed to sea without presenting an unreasonable threat or harm to safety of life at sea, marine environment or the public health and welfare.
(4) Notwithstanding any proceedings initiated against the owner or master of the vessel under this section, the Central Government may initiate further action against such persons, if it determines that the incident of pollution continues to cause harm or damage after the conclusion of the proceedings, or results in harm or damages not discovered at the time of the initiation of the proceedings.
(2) A vessel shall carry a valid certificate onboard and shall be subject to inspection while at a port in India by the surveyor or an authorised person in such manner as may be prescribed:
Provided that nothing in this sub-section shall be construed as limiting the powers of any officer under any other law for the time being in force from boarding and inspecting the vessel or its equipment.
(3) If the inspection under this section reveals that a vessel does not have a valid certificate onboard or whose condition or equipment’s condition does not meet the particulars of the certificate onboard, the vessel may be detained by order by a proper officer until proceedings are concluded under this section or in the opinion of the Central Government, the vessel can proceed to sea without presenting an unreasonable threat or harm to safety of life at sea, marine environment or the public health and welfare.
(4) Notwithstanding any proceedings initiated against the owner or master of the vessel under this section, the Central Government may initiate further action against such persons, if it determines that the incident of pollution continues to cause harm or damage after the conclusion of the proceedings, or results in harm or damages not discovered at the time of the initiation of the proceedings.