Section 302
Special provisions with respect to defaulting ship owners.
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) The Director-General may by order in writing and upon such conditions, if any, as he may think fit to impose, direct the ship owner who fails to comply with the provisions of this Act, or rules made thereunder or is not taking action for the safety and prevention of any harm to life, property or the environment which may be caused by a vessel owned by such ship owner but not abandoned by him, to take such measures as may be directed:
Provided that if the ship owner fails to comply with such directions, the Director-General may take necessary action including confiscation or forfeiture of the vessel or cargo, if any, or both, and dispose of the same as may be deemed appropriate.
(2) The cost incurred by the Director-General in averting the harm mentioned under sub-section (1) due to failure of timely action by the ship owner shall be recovered from such ship owner as Government dues.
(3) The Director-General shall be competent to adjust the cost referred to in sub-section (2), with the funds generated by disposal of the vessel or the cargo, or both.
Provided that if the ship owner fails to comply with such directions, the Director-General may take necessary action including confiscation or forfeiture of the vessel or cargo, if any, or both, and dispose of the same as may be deemed appropriate.
(2) The cost incurred by the Director-General in averting the harm mentioned under sub-section (1) due to failure of timely action by the ship owner shall be recovered from such ship owner as Government dues.
(3) The Director-General shall be competent to adjust the cost referred to in sub-section (2), with the funds generated by disposal of the vessel or the cargo, or both.