Section 290
Power to enforce detention of vessel.
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) Where under this Act a vessel is authorised or ordered to be detained, any commissioned officer of the Indian Navy or Indian Coast Guard or any port officer, police, pilot, harbour master, conservator of port or customs commissioner may detain the vessel under instructions of the proper officer.
(2) If any vessel after detention or after service on the master for any notice of, or order for, such detention proceeds to sea before she is released by any competent authority, the master of the vessel shall be guilty of an offence under this Act.
(3) When a vessel so proceeding to sea takes to sea any person authorised under this Act to detain or survey the vessel, the owner, master or agent of such vessel shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this Act.
(4) When any owner or master or agent is convicted of an offence under sub-section (3), the court making the order of conviction may inquire and determine the amount payable on account of expenses by such owner, master or agent and may direct that the same shall be recovered from him in the manner provided for the recovery of fines.
(2) If any vessel after detention or after service on the master for any notice of, or order for, such detention proceeds to sea before she is released by any competent authority, the master of the vessel shall be guilty of an offence under this Act.
(3) When a vessel so proceeding to sea takes to sea any person authorised under this Act to detain or survey the vessel, the owner, master or agent of such vessel shall each be liable to pay all expenses of, and incidental to, such person being so taken to sea and shall also be guilty of an offence under this Act.
(4) When any owner or master or agent is convicted of an offence under sub-section (3), the court making the order of conviction may inquire and determine the amount payable on account of expenses by such owner, master or agent and may direct that the same shall be recovered from him in the manner provided for the recovery of fines.