Act Number: 44

Act Name: The Merchant Shipping Act, 1958

Year: 1958

Enactment Date: 1958-10-30

Long Title: An Act to foster the development and ensure the efficient maintenance of an Indian mercantile marine in a manner best suited to serve the national interests and for that purpose to establish a National Shipping Board to provide for the registration, certification, safety and security of Indian ships and generally to amend and consolidate the law relating to merchant shipping.

Ministry: Ministry of Shipping

Department:

Section 307: Prohibition on proceeding to sea without certificates.
    1[(1) No Indian passenger ship shall proceed on a voyage from any port or place in India to any port or place out side India--
         (a) if the ship is a ship, other than a special trade passenger ship, unless there is in force in respect of the ship either--
             (i) a passenger ship safety certificate issued under section 299; or
             (ii) a qualified passenger ship safety certificate issued under section 299 and an exemption certificate issued under section 302;
         (b) if the ship is a special trade passenger ship, unless there is in force in respect of the ship the certificate referred to in sub-clause (i) of clause (a) or the certificates referred to in sub-clause (ii) of that clause and a special trade passenger ship safety certificate and a special trade passenger ship space certificate,
being in each case a certificate which by the terms thereof is applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.]
     (2) No sea-going 2[Indian cargo ship, of five hundred tons gross or more,] shall proceed on a voyage from any place in India to any place outside India unless there is in force in respect of the ship--
         (a) such certificate or certificates as would be required in her case by the provisions of sub-section (1) if she were a passenger ship, or
         3[(b) a cargo ship safety construction certificate issued under section 299A, a cargo ship safety equipment certificate issued under section 300 and a cargo ship safety 4[radio certificate] issued under section 301, or]
         (c) a 5[qualified cargo safety equipment certificate] issued under section 300 and an exemption certificate issued under section 302 being certificates which by the terms thereof areapplicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.
     6[(2A) No sea-going Indian cargo ship, less than five hundred tons gross, shall proceed on a voyage from any port or place in India to any port or place in India or to any port or place outside India unless there is in force in respect of the ship a cargo ship construction certificate issued under section 299A and a cargo ship equipment certificate issued under section 300 and,--
         (i) a cargo ship safety radio certificate if the ship is three hundred tons gross or more;
         (ii) a qualified cargo ship safety radio certificate if the ship is operating within ports or places in India and is of three hundred to five hundred tons gross; or
         (iii) a cargo ship radio certificate if the ship is less than three hundred tons gross,
issued under section 301.]
     (3) No sea-going 7[Indian cargo ship of the five hundred tons gross or more,] shall proceed on a voyage between ports or places in India unless there is in force in respect of the ship--
         (a) 8[a cargo ship 9[safety construction certificate or cargo ship construction certificate issued under section 299A]
         (b) a 10[cargo ship equipment certificate or a] 11[qualified cargo ship equipment certificate] issued under section 300 and an exemption certificate issued under section 302;
     (c) a 12[cargo ship] 13[safety radio certificate or a qualified cargo ship safety radio certificate, if the ship operates between ports or places in India and is between five hundred to three thousand tons gross] issued under section 301 or an exemption certificate issued under section 302;
being a certificate which by the terms thereof is applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.
     (4) The master of every ship to which this section applies shall produce to the customs collector from whom a port clearance for the ship is demanded the certificate or certificates required by the foregoing provisions of this section to be in force when the ship proceeds to sea, and the port clearance shall not be granted and the ship may be detained until the said certificate or certificates are so produced.
Notes:
1. Subs. by Act 69 of 1976, s. 24, for sub-section (1) (w.e.f. 1-12-1976).
2. Subs. by Act 21 of 1966, s. 22, for "Indian ship of five hundred tons gross or more, not being a passenger ship" (w.e.f. 28-5-1966).
3. Subs. by s. 22, ibid., for clause (b) (w.e.f. 28-5-1966).
4. Subs. by Act 63 of 2002, s. 13, for "radio telegraphy certificate or a cargo ship safety radio telephony certificate" (w.e.f. 1-2-2003).
5. Subs. by Act 21 of 1966, s. 22, for "qualified safety equipment certificate" (w.e.f. 28-5-1966).
6. Subs. by Act 63 of 2002, s 13, for sub-section (2A) (w.e.f. 1-2-2003).
7. Subs. by Act 21 of 1966, s. 22, for "Indian ship of five hundred tons gross or more, not being a passenger ship," (w.e.f. 28-5-1966).
8. Subs. by s. 22, ibid., for "an equipment certificate" (w.e.f. 28-5-1966).
9. Subs. by Act 63 of 2002, s. 13, for "equipment certificate issued under, section 300" (w.e.f. 1-2-2003).
10. Ins. by s. 13, ibid. (w.e.f. 1-2-2003).
11. Subs. by Act 21 of 1966, s. 22, for "qualified equipment certificate" (w.e.f. 28-5-1966).
12. Ins. by s. 22, ibid. (w.e.f. 28-5-1966).
13. Subs. by Act 63 of 2002, s. 22, for "radio telegraphy certificate or a cargo ship radio telephony certificate" (w.e.f. 1-2-2003).
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