Section 92
Replacement crew onboard abandoned 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) If the ship owner of any abandoned Indian vessel or any foreign vessel abandoned on or near the coast of India or within its coastal waters fails to make arrangement for or to meet the cost of arranging for replacement crew to be sent onboard the vessel whose seafarers are required to be repatriated, the Central Government shall arrange for replacement crew to be sent onboard such vessel.
(2) The cost incurred by or on behalf of the Central Government under sub-section (1) shall constitute a debt due to the Central Government liable to be paid by the ship owner or his agent for the seafarer in respect of whom they were incurred and the ship owner or his agent shall not be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt.
(3) In any proceedings for the recovery of any expenses which in terms of sub-section (2) are a debt due to the Central Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Central Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by or on behalf of the Central Government.
(4) Any debt which may be due to the Central Government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as the wages are recoverable under section 86.
(5) In any proceeding under this Part, a certificate of the Central Government or of such officer as the Central Government may specify in this behalf, to the effect that any seafarer named therein is abandoned, shall be conclusive evidence that such seafarer is an abandoned seafarer within the meaning of this Act.
(2) The cost incurred by or on behalf of the Central Government under sub-section (1) shall constitute a debt due to the Central Government liable to be paid by the ship owner or his agent for the seafarer in respect of whom they were incurred and the ship owner or his agent shall not be entitled to recover from the seafarer any amount paid by him to the Central Government in settlement or part settlement of such debt.
(3) In any proceedings for the recovery of any expenses which in terms of sub-section (2) are a debt due to the Central Government, the production of an account of the expenses and proof of payment thereof by or on behalf of or under the direction of the Central Government shall be prima facie evidence that the expenses were incurred in accordance with the provisions of this Act by or on behalf of the Central Government.
(4) Any debt which may be due to the Central Government under this section may be recovered by any officer authorised by it in writing in this behalf from the person concerned in the same manner as the wages are recoverable under section 86.
(5) In any proceeding under this Part, a certificate of the Central Government or of such officer as the Central Government may specify in this behalf, to the effect that any seafarer named therein is abandoned, shall be conclusive evidence that such seafarer is an abandoned seafarer within the meaning of this Act.