Section 307
Control measures and detention of vessels.
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 enter into or sail out of or operate within the port, terminal, anchorages, port facilities, Indian offshore facilities or the territorial waters of India, without complying with such requirements as to construction, equipment, safety and security, cargo operations, pollution prevention, safe manning, maritime labour standards, insurance, classification or such other relevant requirements for the purposes of this Act as may be prescribed.
(2) The principal officer may order any unsafe vessel or vessel which appears to him to be an unsafe vessel, to be provisionally detained for the purpose of being surveyed.
(3) The surveyor may inspect the vessel referred to in sub-section (2) and if it is found on such inspection that the vessel is an unsafe vessel or has failed to comply with the provisions of this Act, report it to the principal officer.
(4) On receipt of report under sub-section (3), the principal officer may by order, invoke such control measures as may be necessary, till such time the vessel complies with the provisions of this Act or may allow such vessel to proceed to sea on such conditions as deemed fit, if it does not pose a risk to safety of life onboard or at sea, or an unreasonable threat of harm to the environment.
(5) Control measures under sub-section (4) may include—
(a) denial of entry into port;
(b) expanded inspection;
(c) delaying the vessel;
(d) stoppage of operations or restriction of operations including movement within the port;
(e) requirement of any rectification of deficiencies within the specified period;
(f) detention of vessel;
(g) expulsion of the vessel from port or place; or
(h) such other measures as may be prescribed.
(6) The master or owner of the vessel may, within seven days from the receipt of the order issued under sub-section (4), prefer an appeal before the Director-General who may retain or modify the control measures or order release of the vessel subject to such conditions as he may deem fit.
Explanation.—For the purposes of this section, “unsafe vessel” means a vessel, including an unseaworthy vessel, which—
(a) poses a risk to safety of life; or
(b) poses an unreasonable threat of harm to environment by reason of its safe manning, hull, machinery, equipment, training and working conditions of seafarers or operational safety being substantially below the required standards; or
(c) fails to comply with such other requirements as may be prescribed.
(2) The principal officer may order any unsafe vessel or vessel which appears to him to be an unsafe vessel, to be provisionally detained for the purpose of being surveyed.
(3) The surveyor may inspect the vessel referred to in sub-section (2) and if it is found on such inspection that the vessel is an unsafe vessel or has failed to comply with the provisions of this Act, report it to the principal officer.
(4) On receipt of report under sub-section (3), the principal officer may by order, invoke such control measures as may be necessary, till such time the vessel complies with the provisions of this Act or may allow such vessel to proceed to sea on such conditions as deemed fit, if it does not pose a risk to safety of life onboard or at sea, or an unreasonable threat of harm to the environment.
(5) Control measures under sub-section (4) may include—
(a) denial of entry into port;
(b) expanded inspection;
(c) delaying the vessel;
(d) stoppage of operations or restriction of operations including movement within the port;
(e) requirement of any rectification of deficiencies within the specified period;
(f) detention of vessel;
(g) expulsion of the vessel from port or place; or
(h) such other measures as may be prescribed.
(6) The master or owner of the vessel may, within seven days from the receipt of the order issued under sub-section (4), prefer an appeal before the Director-General who may retain or modify the control measures or order release of the vessel subject to such conditions as he may deem fit.
Explanation.—For the purposes of this section, “unsafe vessel” means a vessel, including an unseaworthy vessel, which—
(a) poses a risk to safety of life; or
(b) poses an unreasonable threat of harm to environment by reason of its safe manning, hull, machinery, equipment, training and working conditions of seafarers or operational safety being substantially below the required standards; or
(c) fails to comply with such other requirements as may be prescribed.