THE MERCHANT SHIPPING (AMENDMENT) ACT, 2014

(NO. 31 OF 2014)

[9th December, 2014.]

An Act further to amend the Merchant Shipping Act, 1958.

BE it enacted by Parliament in the Sixty-fifth Year of the Republic of India as

follows:—

1. (1) This Act may be called the Merchant Shipping (Amendment) Act, 2014.

(2) It shall come into force on such date as the Central Government may, by notification

in the Official Gazette, appoint.

2. In the Merchant Shipping Act, 1958 (hereinafter referred to as the principal Act),

after Part XIA, the following Part shall be inserted, namely:—

'PART XIB

CONTROL OF HARMFUL ANTI-FOULING SYSTEMS ON SHIPS

356P. (1) Save as otherwise provided in this Part, this Part shall apply to—

(a) every Indian ship, wherever it is;

(b) ships not entitled to fly the flag of India, but which operate under the

authority of India; and

Short title and

commencement.

Insertion of

new Part

XIB.

Application.

44 of 1958.

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MINISTRY OF LAW AND JUSTICE

(Legislative Department)

New Delhi, the 10th December, 2014/Agrahayana 19, 1936 (Saka)

The following Act of Parliament received the assent of the President on the

9th December, 2014, and is hereby published for general information:—

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

or within the territorial waters of India or any marine areas adjacent thereto over

which India has, or may hereafter have, exclusive jurisdiction in regard to control

of pollution under the Territorial Waters, Continental Shelf, Exclusive Economic

Zone and other Maritime Zones Act, 1976 or any other law for the time being in

force.

(2) This Part shall not apply to any warship, naval auxiliary or other ship owned

or operated by or under the authority of India and used, for the time being, only on

Government non-commercial service:

Provided that in case of such ships, the Government shall ensure by the adoption

of appropriate measures not impairing operations or operational capabilities of such

ship that such ships are operated in a prescribed manner consistent with this Part.

356Q. In this Part, unless the context otherwise requires,—

(a) “anti-fouling system” means a coating, paint, surface treatment,

surface, or device that is used on a ship to control or prevent attachment of

unwanted organisms;

(b) “authority” means—

(i) the Government of India under whose authority the ship is

operating;

(ii) with respect to a ship entitled to fly a flag of any other country,

the Government of that country; and

(iii) with respect to floating platforms engaged in exploration and

exploitation of the sea-bed and subsoil thereof adjacent to Indian coast

over which Government of India exercises sovereign rights for the purposes

of exploration and exploitation of its natural resources (including Floating

Storage Units and Floating Production Storage and Offloading Units),

the Government of India;

the Organisation;

(d) “Convention” means the International Convention on the Control of

Harmful Anti-Fouling Systems on Ships, 2001;

(e) “gross tonnage” means the gross tonnage calculated in accordance

with the tonnage measurement regulations contained in Annex 1 to the

International Convention on Tonnage Measurement of Ships, 1969, or any

successor Convention as ratified or acceded to or adopted by the Government

of India;

(f) “international voyage” means a voyage by a ship entitled to fly the

flag of one State to or from a port, shipyard, or offshore terminal under the

jurisdiction of another State;

(g) “length” means the length as defined in the International Convention

on Load Lines, 1966, as modified by the Protocol of 1988 relating thereto, or any

successor Convention as ratified or acceded to or adopted by the Government

of India;

(h) “Organisation” means the International Maritime Organisation;

(i) “port” shall have the same meaning as assigned to it in the Indian Port

Act, 1908, the Major Port Trusts Act, 1963, or under any other law for the time

being in force and shall include any terminal, either within the port limits or

otherwise;

Definitions.

15 of 1908.

38 of 1963.

80 of 1976.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(j) “ship” means a vessel of any type whatsoever operating in the marine

environment and includes hydrofoil boats, air-cushion vehicles, submersibles,

floating craft, fixed or floating platforms, floating storage units and floating

production storage and off-loading units.

356R. (1) Every Indian ship and other ships which are not entitled to fly Indian

flag but operating under the authority of India, shall comply with the requirements set

forth in this Part, including the applicable standards and requirements as prescribed

from time to time as well as effective measures to ensure that such ships comply with

the requirements, as may be prescribed from time to time.

(2) All other vessels to which this Part applies shall comply with requirements

of the anti-fouling systems as prescribed from time to time.

356S. (1) No Indian ship or other ships entitled to fly Indian flag or operating

under its authority, which is of 400 gross tonnage and above shall engage in

International Voyage unless there is on-board, in respect of that ship, a certificate

issued by the Director-General, to be called as International Anti-Fouling System

Certificate, in such form, for such duration and subject to such procedures and

conditions as may be prescribed, from time to time.

(2) No Indian ship or other ships entitled to fly Indian flag or operating under its

authority excluding fixed or floating platforms, Floating Storage Units and Floating

Production Storage and Offloading Units which is of 24 metres or more in length, but

less than 400 gross tonnage, shall engage in international voyage unless there is on-

board a declaration in such form and subject to such procedures and conditions as

may be prescribed, from time to time.

(3) Indian ships entitled to fly Indian flag which are of 400 gross tonnage and

above, with appropriate conditions as applicable for each type of ships and not

engaged in international voyage and are required to be registered under this Act,

shall be issued an Indian Anti-Fouling System Certificate, as may be prescribed from

time to time.

356T. (1) The Central Government may, at the request of the Government of a

country to which the Convention applies, cause an International Anti-Fouling System

Certificate to be issued in accordance with the Convention in respect of any ship of

that country to which the Convention applies, if it is satisfied that such certificate can

properly be issued, and where a certificate is so issued, it shall contain a statement

that it has been so issued on a request, as per the procedure prescribed in this behalf

from time to time.

(2) The Central Government may request the Government of a country to which

the Convention applies, to issue an International Anti-Fouling System Certificate in

accordance with the Convention in respect of a ship to which this Part applies and the

certificate so issued in pursuance of such a request shall contain a statement that it

has been so issued and shall have the same effect as if it had been issued by the

Central Government under this Act.

356U. Taking into account the international rules, standards and requirements,

the Central Government shall prescribe the rules and take appropriate measures in its

territory to require that wastes from the application or removal of an anti-fouling

system, are collected, handled, treated and disposed of in a safe and environmentally

sound manner, by any person in India, to protect human health and the environment.

356V. (1) Every ship to which this Part applies shall maintain, a record of anti-

fouling systems in the prescribed form.

(2) The manner, in which the record of anti-fouling systems to be maintained

shall be prescribed having regard to the provisions of the Convention and this Part.

Control of

anti-fouling

systems.

Issuance of

International

Anti-Fouling

System

Certificate.

Issue of Anti-

Fouling

System

Certificate

for foreign

ships in India

and Indian

ships in

foreign

countries.

Controls of

waste

materials.

Record of

anti-fouling

systems.

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II—

356W. (1) Any person authorised by the Director-General as Surveyor in this

behalf may inspect, at any reasonable time, any ship to which any of the provisions of

this Part applies, for the purposes of—

(a) ensuring that the prohibitions, restrictions and obligations imposed

by or under this Part are complied with;

(b) verifying that, where required, there is on-board a valid International

Anti-Fouling System Certificate or a declaration on anti-fouling system; or

the integrity, structure, or operation of the anti-fouling system taking into account

the procedures as prescribed from time to time; and

(d) verifying any record required to be maintained on-board.

(2) For the purposes of clause (c) of sub-section (1), the time required to process

the results of such sampling shall not be used as a basis for preventing the movement

and departure of the ship.

(3) Any person authorised by the Director-General as surveyor in this behalf,

may, certify any matter referred to in sub-section (1) in respect of such ship as a copy

of the records of the ship to be a true copy and such copy shall be admissible as

evidence of the facts stated therein.

356X. (1) If, on receipt of a report from a surveyor or other person authorised to

inspect a ship, the Director-General is satisfied that any provision of this Part has

been contravened by such ship within the coastal waters, the Director-General or any

officer authorised by him in this behalf, may—

(a) detain the ship until the causes of such contravention are removed to

the satisfaction of the Director-General or the officer authorised by him; and

(b) levy penalty on such ship as specified in section 436:

Provided that where the Director-General deems it necessary, he may request

the Indian Navy or the Coast Guard for preventing the ship from proceeding to sea

and the Indian Navy or the Coast Guard, as the case may be, shall take action as

requested by the Director-General.

(2) On receipt of information from the Government of any country to which the

Convention applies that a ship has contravened any provision of the Convention, the

Central Government may, if it deems it necessary so to do, request such Government

to furnish further details of the alleged contravention and, if satisfied that sufficient

evidence is available, conduct investigation of the alleged violations and take

appropriate measures in respect thereof.

356Y. (1) The Central Government may, having regard to the provisions of the

Convention, make rules to carry out the provisions of this Part.

(2) In particular and without prejudice to the generality of the provisions of

sub-section (1), such rules may provide for all or any of the following matters, namely:—

(a) appropriate measures for operation of ships under the proviso to

sub-section (2) of section 356P;

(b) the standards, requirements and measures to ensure compliance

under section 356R;

inspection and issuance of international Anti-Fouling Systems Certificate under

section 356S;

Inspection

and control of

all ships

above 400

gross tonnage.

Information

regarding

contravention

of the

provisions of

Convention.

Power to

make rules.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

(d) procedure and the fees which may be levied for issuance of

Anti-Fouling Systems Certificate for foreign ships in India and Indian ships in

foreign countries under section 356T;

(e) procedure for collection, handling and disposal of wastes under

section 356U;

(f) the format of record of Anti-Fouling Systems, the manner in which

such record shall be maintained under section 356V;

(g) any other matter which is required to be or may be prescribed.’.

3. In section 436 of the principal Act, after serial number 115G and the entries relating

thereto, the following shall be inserted, namely:—

Sl.

Offences

Section of this Act

Penalties

No.

to which offence

has reference

"115H.

If the owner of an Indian ship fails

356R

Fine which may extend to

to comply with section 356R

fifteen lakh rupees.

115-I

If a master proceeds or attempts

356S

Fine which may extend to

to proceed to sea in contravention

three lakh rupees.

of section 356S

115J

If the owner of an Indian ship or

356U

Fine which may extend to

any person fails to comply with

one Lakh and fifty thousand

the rules made or measures taken

rupees.

by the Central Government under

section 356U

115K

If the master of a ship fails to

356V

Fine which may extend to

maintain records as required

one lakh and fifty thousand

by section 356V

rupees.

115L

If the master of a ship fails to

356W(1)

Fine which may extend to

comply with sub-section (1) of

one lakh and fifty thousand

section 356W

rupees.".

Amendment

of section

436.

————

DR. SANJAY SINGH,

Secretary to the Govt. of India.

GMGIPMRND—3501GI(S3)—11-12-2014.

PRINTED BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI

AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI—2014.