PART V

20. Application of Part

21. Indian Ships

22. Obligation to register

Procedure for registration

23. Ports of registry

24. Registrars of Indian ships

25. Register book

26. Application for registry

27. Survey and measurement of ships before registry

28. Marking of ship

29. Declaration of ownership on registry

30. Evidence on first registry

31. Entry of particulars in register book

32. Documents to be retained by registrar

33. Power of Central Government to inquire into title of Indian ship to be so registered Certificate of registry

34. Grant of certificate of registry

35. Custody and use of certificate

36. Power to grant new certificate when original certificate is defaced, lost, etc.

37. Endorsement on certificate of change of master

38. Endorsement on certificate of change of ownership

39. Delivery of certificate of ship lost or ceasing to be an Indian ship

40. Provisional certificate for ships becoming Indian ship abroad

41. Temporary pass in lieu of certificate of registry

Transfers of ships, shares, etc.

42. Transfer of ships or share

43. Registry of Transfer

44. Transmission of property in Indian ship on death, insolvency, etc.

45. Order for sale where ship has ceased to be an Indian ship

46. Transfer of ship on sale by order of court

47. Mortgage of ship or share

48. Entry of discharge of mortgage

49. Priority of mortgages

50. Mortgagee not deemed to be owner

51. Rights of mortgagee

52. Mortgage not affected by insolvency

53. Transfer of mortgages

54. Transmission of interest in mortgage in certain circumstances Name of ship

55. Rules as to name of ship

Registry of alteration, registry a new and transfer of registry

56. Registry of alterations

 

57. Regulations for registry of alterations

 

58. Provisional certificate and endorsement where ship is to be registered a new

 

59. Registry anew on change of ownership

 

60. Procedure for registry anew

 

61. Transfer of registry

 

62. Restriction on re-registry of abandoned ships

National character and flag

63. National colours for Indian ships.

64. Unlawful assumption of Indian character

65. Concealment of Indian, or assumption of foreign, character

66. Indian ships to hoist proper national colours in certain cases

67. National character of ship to be declared before clearance

Miscellaneous

68. Liabilities of ships not recognised as Indian ships.

69. Proceedings on forfeiture of ship

70. Notice of trust not received

71. Liability of owners

72. Evidence of register book, certificate of registry and other documents

73. Power to register Government ship under this Part

74. Power to make rule in respect of matters in this Part

20. Application of Part– This Part applies only to sea-going ships fitted with mechanical means of propulsion.

21. Indian Ships– For the purposes of this Act, a ship shall not be deemed to be an Indian ship unless owned wholly by persons to each of whom 3[any] of the following descriptions applies:--

(a) a citizen of India; or

(b) a company or a body established by or under any Central or State Act which has its principal place of business in India;

or

(c) a cooperative society which is registered or deemed to be registered under the Cooperative Societies Act, 1912 (2 of 1912), or any other law relating to cooperative societies for the time being in force in any State.

22. Obligation to register– (1) Every Indian Ship, unless it is a ship which does not exceed fifteen tons net and is employed solely in navigation on the coasts of India, shall be registered under this Act.

(2) No ship required by sub-section (1) to be registered shall be recognised as an Indian ship unless she has been registered under this Act.

Provided that any ship registered at the commencement of this Act at any port in India under any enactment repealed by this Act, shall be deemed to have been registered under this Act and shall be recognised as an Indian ship.

(3) A ship required by this Act to be registered may be detained until the master of ship, if so required, produces a certificate of registry in respect of the ship.

Explanation– For the purposes of this section “ship” does not include a fishing vessel.

Procedure for registration

23. Ports of registry – (1) The ports at which registration of ships shall be made shall be the ports of Bombay, Calcutta and Madras and such other ports in India as the Central Government may, by notification in the Official Gazette, declared to be ports of registry under this Act.

(2) The port at which an Indian ship is registered for the time being under this Act, shall be deemed to be her port of registry and the port to which she belongs.

24. Registrar of Indian ships---- At each of the ports of Bombay, Calcutta and Madras, the Principal Officer of the Mercantile Marine Department, and at any other port such authority as the Central Government may, by notification in the Official Gazette, appoint, shall be the registrar of Indian ships at that port.

Provided that subject to such order as the Central Government may issue in this behalf, when the office of registrar Indian ships at any port is vacant or the holder of such office is on leave or is not available, for any reason, at the port to exercise and discharge the powers, duties and functions of the office, the senior most surveyor at that port may act as, and exercise and discharge the powers, duties and functions of, the registrar of Indian ships at that port.]

25. Register book– Every register shall keep a book to be called the register book and entries in that book shall be made in accordance with the following provisions:--

(a) the property in a ship shall be divided into ten shares:

(b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than ten individuals shall be entitled to be registered at the same time as owners of any one ship; but this rule shall not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner;

(c) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares therein;

(d) joint owners shall be considered as constituting one person and shall not be entitled to dispose in severalty of any interest in a ship or any share therein respect of which they are registered.

(e) a company 1[or a co-operative society] may be registered as owner by its name.

26. Application for registry– An application for the registry of an Indian ship shall be made–

(a) in the case of an individual, by the person requiring to be registered as owner or by his agent;

(b) in the case of more than one individual requiring to be so registered, by some one or more of the persons so requiring or by his or their agent; and

(c) in the case of a company [or a co-operative society] requiring to be so registered, by its agent;

and the authority of the agent shall be testified by writing, if appointed by an individual under the hand of the person appointing him and, if appointed by a company 2[or a co-operative society], under its common seal.

27. Survey and measurement of ships before registry– (1) The owner of every Indian ship in respect of which an application for registry is made shall cause such ship to be surveyed by a surveyor and the tonnage of the ship ascertained in the prescribed manner.

(2) The surveyor shall grant a certificate specifying the ship’s tonnage and build and such other particulars descriptive of the identity of the ship as may be prescribed and the certificate of the surveyor shall be delivered to the registrar before registry.

28. Marking of ship- (1) The owner of an Indian ship who applies for registry under this Act shall, before registry, cause her to be marked permanently and conspicuously in the prescribed manner and to the satisfaction of the registrar and any ship not so marked may be detained by the registrar.

(2) Subject to any other provision contained in this Act and to that provisions of any rules made thereunder, the owner and the master of an Indian ship shall take all reasonable steps to ensure that the ship remains marked as required by this section, and the said owner or master shall not cause or permit any alterations of such marks to be made except in the event of any of the particulars thereby denoted being altered in the manner provided in this Act or except to evade capture by the enemy or by a foreign ship of war in the exercise of some belligerent right.

29. Declaration of ownership on registry– A person shall not be registered as the owner of an Indian ship or of a share therein until he or, in the case of a company 1[or a co-operative society], the person authorised by this Act to make declarations on its behalf has made and signed a declaration of ownership in the prescribed form referring to the ship as described in the certificate of the surveyor and containing the following particulars:--

(a) a statement whether he is or is not a citizen of India; [or in the case of a company or a co-operative society, whether the company or the co-operative society satisfies the reuirements specified in clause(b) or, as the case may be, clause (c) of section 21];

(b) a statement of the time when and the place where the ship was built or if the ship is built outside India and the time and place of building is not known, a statement to that effect; and in addition, in the case of a ship previously registered outside India a statement of the name by which she was so registered;

(c) the name of her master;

(d) the number of shares in the ship in respect of which he or the company [or the co-operative society], as the case may be; claims to be registered as owner; and

(e) a declaration that the particulars stated are true to the best of his knowledge and belief.

Explanation– In respect of a ship or share owned by more than one person, a declaration may be made by such one of them as may be authorised by them.

30. Evidence on first registry--- On the first registry of an Indian ship, the following evidence shall be produced in addition to the declaration of ownership:-

(a) in the case of a ship built in India, a builder’s certificate, that is to say, a certificate signed by the builder of the ship and containing a true account of the proper denomination and the tonnage of the ship as estimated by him and the time when and the place where she was built, and the name of the person, if any, on whose account the ship was built; and if there has been any sale, the instrument of sale under which the ship or the share therein has become vested in the applicant for registry;

(b) in the case of a ship built outside India, the same evidence as in the case of a ship built in India unless the declarant who makes the declaration of ownership declares that the time and place of her building are not known to him, or that the builder’s certificate cannot be procured, in which case there shall be required only the instrument of sale under which the ship or a share therein has become vested in the applicant for registry.

31. Entry of particulars in register book– As soon as the requirements of this Act preliminary to registry have been complied with, the registrar shall enter in the register book the following particulars in respect of the ship:--

(a) the name of the ship and the name of the port to which she belongs;

(b) the details contained in the surveyor’s certificate;

(c) the particulars respecting her origin stated in the declaration of ownership; and

(d) the name and description of her registered owner or owner’s, and if there are more owners than one, the number of shares owned by each of them.

32. Documents to be retained by registrar--- On the registry of the ship, the registrar shall retain in his custody the following documents---

(a) the saurveyors certificate

(b) the builders certificate

(c) any instrusment of sale by which the ship was previously sold ;

(d) all declaration of ownership.

33.Power of Central Government to inquire into title of Indian ship to be so registered– (1)Where it appears to the Central Government that there is any doubt as to the title of any Indian ship to be registered as an Indian ship, it may direct the registrar of her port of registry to require evidence to be given to his satisfaction within such time, not being less than thirty days as the Central Government may fix, that the ship is entitled to be registered as an Indian ship.

(2) If within such time as may be fixed by the Central Government under sub-section (1) evidence to the satisfaction of the registrar that the ship is entitled to be registered as an Indian ship is not given, the ship shall be liable to forfeiture.

Certificate of registry

34. Grant of certificate of registry– On completion of the registry of an Indian ship, the registrar shall grant a certificate of registry containing the particulars respecting her as entered in the register book with the name of her master.

35. Custody and use of certificate– (1) The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge or interest whatever, had or claimed by any owner, mortgagee or other person to, on or in the ship.

(2) No person, whether interested in the ship or not, who has in his possession or under his control the certificate of registry of a ship, shall refuse or omit without reasonable cause to deliver such certificate on demand to the person entitled to the custody thereof for the purposes of the lawful navigation of the ship or to any registrar, customs collector or other person entitled by law to require such delievery.

(3) Any person refusing or omitting to deliver the certificate as required by sub-section (2) may, by order, be summoned by [any Judicial Magistrate of the first class or any Metropolitan Magistrate, as the case may be,] to appear before him and to be examined touching such refusal; and if the person is proved to have absconded so that the order of such Magistrate cannot be served on him, or if he persists in not delivering up the certificate, [the said Magistrate] shall certify the fact, and the same proceedings may then be taken as in the case of a certificate mislaid, lost or destroyed, or as near thereto as circumstances permit.

(4) If the master or owner of an Indian ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he shall be guilty of an offence under this sub-section and the ship shall be liable to forfeiture.

36. Power to grant new certificate when original certificate is defaced, lost, etc.–

(1) In the event of the certificate of registry of an Indian ship being defaced or mutilated, the registrar of her port of registry may, on the delivery to him of that certificate, grant a new certificate in lieu of her original certificate.

(2) In the event of the certificate of registry of an Indian ship being mislaid, lost or destroyed or of the person entitled thereto being unable to obtain it from the custody of any other person, the registrar of her port or registry shall grant a new certificate in lieu of her original certificate.

(3) If the port at which the ship is at the time of the event referred to in sub-section (2) or first arrives after the event is outside India, then the master of the ship or some other person having knowledge of the facts of the case shall make a declaration stating such facts and the names and descriptions of the registered owners of such ship to the best of the declarant’s knowledge and belief to the nearest available Indian consular officer who may thereupon grant a provisional certificate containing a statement of the circumstances under which it is granted.

(4) The provisional certificate shall, within ten days after the first subsequent arrival of the ship at her port of discharge in India, be delivered by the master to the registrar of her port of registry and the registrar shall thereupon grant a new certificate of registry.

(5) If the certificate of registry stated to have been mislaid, lost or destroyed shall at any time afterwards be found, or if the person entitled to the certificate of registry obtains it any time afterwards, the said certificate shall forthwith be delivered to the registrar of her port of registry to be cancelled.

37. Endorsement on certificate of change of master-- Where the master of an Indian ship is changed, each of the following persons, that it to say,--

(a) if the change is made in consequence of the removal of the master by a Marine Board or by a court under this Act, the presiding officer of the Marine Board or of the court, as the case may be;

(b) if the change occurs from any other cause–

(i) in India, the registrar or any other officer authorised by the Central Government in this behalf at the port where the change occurs;

(ii) outside India, the Indian consular officer at the port where the change occurs;

shall endorse and sign on the certificate of registry a memorandum of the change;

and any customs collector at any port in India may refuse to permit any person to do any act there as master of an Indian ship unless his name is inserted in or endorsed on her certificate of registry as her last appointed master.

38. Endorsement on certificate of change ownership– (1) Whenever a change occurs in the registered ownership of an Indian ship, the change of ownership shall be endorsed on her certificate of registry either by the registrar of the ship’s port of rsegistry or by the registrar of any port at which the ship arrives who has been advised of the change by the registrar of the ship’s port of registry.

(2) The master shall, for the purposes of such endorsement by the registrar of the ships port of registry, deliver the certificate of registry to the registrar, forthwith after the change if the change occurs when the ship is at her port of registry, and if it occurs during her return, then, upon her first return to that port.

(3) The registrar of any port, not being a ship’s port of registry, who is required to make an endorsement under this section may, for that purpose, require the master of the ship to deliver to him the ship’s certificate of registry so that the ship need not thereby be detained and the master shall deliver the same accordingly.

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