PART XIA Prevention And Containment Of Pollution Of The Sea BY OIL

356A. Commencement and application

356B. Definitions Provisions for Prevention of Pollution

356C. Prohibitions as to discharge of oil or oily mixture

356D. Prohibition not to apply in certain case

356E. Equipment in ships to prevent oil pollution

356F. Oil record book

365G. Inspection and control of ship to which the Convention applies

365H. Information regarding contravention of the provisions of the Convention

356I. Oil reception facilities at ports in India

Provisions for containment of accident pollution

356J. Power to give notice to owner, etc.,of polluting ships

356K. Power to take measures for preventing or containing oil pollution

356L. Power of the Central Government to give directions to certain ships to render certain services

356M. Oil Pollution cess

356N. Refusal of port clearance BACK

356O. Power to make rules

PART XII

INVESTIGATIONS AND INQUIRIES

357. Definition of "coasts"

358. Shipping casualties and report thereof

359. Report of shipping casualties to Central Government

360. Application to court for formal investigation

361. Court empowered to make formal investigation

362. Power of court of investigation to inquire into charges against masters, mates and engineers

363. Power of Central Government to direct inquiry into charges of incompetence or misconduct

364. Opportunity to be given to person to make defence

365. Power of court as to evidence and regulation of proceedings

366. Assessors

367. Power to arrest witness and enter ships

368. Power to commit for trial and bind over witnesses

369. Report by court to Central Government

370. Powers of court as to certificates granted by Central Government

371. Power of court to censure master, mate or engineer

372. Power of court to remove master and appoint new master

Marine Board

 

382. Re- hearing

383. Constitution of court of survey

387. Reference in difficult cases to scientific person

388. Power to investigate cause of explosion or fire on board ship

356a. Commencement and application-- (1) The provisions of this Part shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Part.

(2) This Part shall apply to---

(a) tankers of one hundred and fifty tons gross or more;

(b) other ships of five hundred tons gross or more; and

(c) off-shore installations.

356B. Definitions-- In this Part, unless the context otherwise requires--

(a) “cargo” includes ballast and ship’s stores and fuel;

(b) “coast” includes any island forming part of India;

(c) “coastal waters” means any part of 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 marine pollution under the Territiorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in force;

(d) “Convention” means the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, signed in London on the 12thd ay of May, 1954, as amended from time to time;

(e) "discharge" , in relation to oil or oily mixture, means any discharge or escape, however, caused:;

(f) the expression “free nearest land” shall mean the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958, except that in relation to north-eastern coast of Austraila it shall mean from a line drawn from a point on the coast of Australia in latitude 11 degree South, longitude 142 degree 08’ East to a point in latitude 10degree 35’ South, longitude 141degree 55’ East--

thence to a point latitude 10*00, South, longitude 142* oo’ East

thence to a point latitude 9*10’ South, longitude 143*52’ East

thence to a pointl latitude 9*00’ South, longitude 144*30’ East

thence to a point latitude 13*00’ South, longitude 144*00’ East

thence to a point latitude 15*00’ South, longitude 146*00’ East

thence to a point latitude 18*00’ South, longitude 147*00’ East

thence to a point latitude 21*00’ South, longitude 153*00’ East

thence to a point on the coast of Australia in latitude 24*42’ South, longitude 153*15’ East;

(g) “instantaneous rate of discharge of oil content” means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots ast the same instant;

(h) “mile” means a nautical mile of 1,852 metres;

(i) ‘off-shore installation” means an installation, whether mobile, or fixed, which is used or is intended to be used for under-water exploration or exploitation of crude oil, petroleum or other similar mineral oils, under lease, licence or any other form of contractual arrangement and includes--

(a) any installation which could be moved from place to place under its own motive power or otherwise; and

(b) a pipe-line;

(j) “oil” means--

(i) crude oil;

(ii) fuel oil;

(iii)heavy diesel oil conforming to such specifications as may be prescribed; and

(iv) lubricating oil;

(k) “oily mixture” mans a mixture with any oil content;

(l) “oil reception facilities” in realation to a port, means facilities for enabling vessels using the port to discharge or deposit oil residues;

(m) “ship” means any sea-going vessel of any type whatsoever, including a floating craft, whether self prephelled or towed by another vessel, making a sea voyage;

(n) “tanker”means a ship in which greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that poart of its cargo space.

Provisions for prevention of pollution

356C. Prohibition as to discharge of oil or oily mixture-- (1) No oil or oily mixture shall be discharged from an Indain tanker anywhere into the sea or from a foreign tanker anywhere wihtin the coastal waters of India except where each of the following conditions is satisfied, namley--

(a) the taner is proceding en-route;

(b) the instantaneious rate of discharge of oil content does not exceed sixty litres per mile;

(c) the total quantity of oil discharged does not exceed 1/15,000 part of the total carrying capacity of the tanker;

(d) the tanker is more than 50 miles from nearest land; and

(e) the tanker is not within the designated areas notified as such under sub-section (6) of section 7of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976).

Provided that the provisions of this sub-section shall not apply to--

 

(I) the discharge of ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned that any affluent therefrom would, if discharged from a stationery tanker into clean calm waters on a clear day, produce no visible traces of oil on the surface of the water; or

(ii) the discharge of oil or oily mixture from machinery space bilges, if any such discharge is made in compliance with the provisions of sub-section (2) as if it were made from a ship other than a tanker.

 

(2) No oil or oily mixture shall be discharged from an Indain ship other than a tanker anywhere into the sea or from a foreign ship other than a tanker within the coastal water of India except where each of the following conditions is satisfied, namely--

(a) the ship is proceeding en-route;

(b) the instantaneous rate of discharge of oil content does not exceed sixty litres per mile;

(c) the oil content of the discharge is less than one hundred parts per million parts of the oily mixture;

(d) the discharge is made as far from nearest land as practicable; and

(e) the ship is not within the designated area notified as such under sub-section (6 of section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976).

(3) The discharge of oil or oily mixture into the sea from any off-shore installation is hereby prohibited.

356D. Prohibition not to apply in certain cases-- Nothing in section 356C shall apply to---

(a) the discharge of oil or oily mixture from a ship or an off-shore installation for the purpose of--

(I) safety of such ship or off-shore installation; or

(ii) preventing damage to such ship or off-shore installation or cargo, if any, on board such ship or off-shore installation; or

(iii) saving life at sea;

(b) the escape of oil or oily mixture resulting from damage to or unavoidable leakage from a ship or on off-shore installation if, after occurance of the leakage, all reasonable precautions have been taken for the purpose of preventing or minimising such escape;

(c) the discharge of oily mixture from the bilges of a ship during the period of twleve months following the date on which this section comes into force.

356E. Equipment in ships to prevent oil pollution-- For the purpose of preventing or reducing discharges of oil and oily mixtures into the sea, the Central Government may make rules requiring Indian ships to be fitted with such equipment and to comply wiht such other requirements (includig requirements for preventing the escape of fuel oil or crude oil or heavy diesel oil into bilges) as may be prescribed.

356F. Oil record book-- (1) Every Indian tanker and every other Indian ship which uses oil as fuel shall maintain on board the tanker or such other ship an oil record book in the prescribed form.

Provided that different forms may be prescribed for tankers and other ships

 

(2) The manner in which the oil record book shall be maintained, the nature of entries to be made, therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof, and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the Convention.

356G. Inspection and control of ships to which the Convention applies-- (1) A surveyor or any person authorised in this behalf may, at any reasonable time, go on board a ship to which any of the provisions of this Part applies, for the purpose of--

(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this Part are complied with;

(b) satisfying himself about the adequacy of the measures taken to prevent the escape of oil or oily mixture from the ship;

(c) ascertaining the circumstances relating to an alleged discharge of oil or oily mixture from the ship in contravention of the provisions of this Part; and

(d) inspecting the oil record book.

(2) The surveyor or any such person may, if necessary, make, without unduly delaying the ship, a true copy of any entry in the oil record book of the ship and may require the master of the ship to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein.

356H. Information regarding convention of the provisions of the Convention--

(1) If, on report from a surveyor or other person authorised to inspect a vessel under section 356G, the Central Government is satisfied that any provision of the Convention has been contravened anywhere by a foreign ship, being a ship to which the provisions of the Convention apply, it shall transmit particulars of the alleged contravention to the Government of the country to which the ship belongs.

(2) On receipt of information from the Government of any country which has ratified the Convention that an Indian ship has contravened may provisions 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 to establish contravention of any of the provisions of this Part or rules made thereunder, take appropriate action against the owner or master and intimate the reporting Government of the action so taken.

356I. Oil reception facilities at ports in India-- (1) Notwithstanding anything contained in any other law for the time being in force, in respect of every port in India, the powers of the port authority shall include the power to provide oil reception facilities.

(2) A port authority providing oil reception facilities or a person providing such facilities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by notification in the Official Gazette, by the Central Government in respect of the port.

(3) Where the Central Government is satisfied that there are no oil reception faciliteis at any port in India or that the facilities avaliable at such port are not adequate for enabling ships calling at such port to comply with the requirements of the Convention, the Central Government may, after consultation with the port authority in charge of such port, direct, by order in writing, such authority to provide or arrange for the porvision of such oil reception facilities as may be specified in the order.

(4) The Central Government may, by notification in the Official Gazette, specify the ports in India having oil reception facilities in accordance with the requirements of the Convention.

Explanation-- For the purpose of this section, “port authority” means:

(a) in relation to any major part, the Board of Trustees in respect of that port constituted under any law for the time being in force;

(b) in relation to any other port, the Conservator of the Port, within the meaning of section 7 of the Indian Ports Act, 1908 (15 of 1908).

Provisions for containment of accident pollution

356J. Power to give notice to owner, etc. Of polluting ship-- (1) Where the Central Government is satisfied that--

(a) oil is escaping or is likely to escape from a tanker, a ship other than a tanker or any off-shore installation; and

(b) the oil so escaped or likely to escape is causing or threatens to cause pollution of any part of coasts or coastal waters of India, it may, for the purpose of minimising the pollution alerady caused, or, for preventing the pollution threatened to be caused, require--

(i) the owner, agent, master or character of the tanker,

(ii) the owner, agent, master or charterer of the ship other than a tanker,

(iii) the owner, agent, master charterer or operator of a mobile off-shore installation,

(iv) the owner, operator, lessee or licensee of off-shore installation of any other type, or all or any of them, by notice served on him or as the case may be on them, to take such action in relation to the tanker, ship other than a tanker, mobile off-shore installation, or, as the case may be, off-shore installation of any other type or its cargo or in relation to both, as may be specified in such notice.

(2) Without prejudice to the generality of sub-section (1), the notice issued under that sub-section may require the person or person on whom such notice is served to take action relating to any or all of the following matters, namely;-

(a) action for preventing the escape of oil from the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type;

(b) action for removing oil from the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type in such manner, if any, and to such place, if any, as may be specified in the notice:

(c) action for removal of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type to a place, if any, as may be specified in the notice;

(d) action for removal of the oil slicks on the surface of the sea in such manner, if any, as may be specified in the notice.

(e) action to disperse the oil slicks on the surface of the sea in such manner, if any, as may be specified in the notice.

(3) The Central Government may, by any notice issued under sub-section (1), prohibit the removal--

(a) of the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type, from a place specified in the notice;

(b) from the tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type, of any cargo or stores as may be specified in the notice,

except with its previous permission and upon such conditions, if any, as may be specified in the notice.

 

(4) Notwithstanding anything contained in sub-section (2), the Central Government may, if it is of the opinion that the pollution caused or likely to be caused has or may present a grave emergency, proceed to take such measures as may be deemed necessary and any measures so taken shall be deemed to have been taken under section 356K.

356K. Powers to take measures for preventing or containing oil pollution--

(1) Where any person fails to comply, or fails to comply in part, with any notice served on him under section 356J, the Central Government may, whether or not such person is convicted of an offence under this Part by reason of his having so failed to comply, cause such action to be taken as it may deem necessary for--

(I) carrying out the directives given in the notice issued under section 356J; and

(ii) containing the pollution already caused or preventing the pollution threatened to be caused, of coastal waters or, as the case may be, of any part of the coast of India by oil escaped or threatning to escape from the tanker, a ship other than a tanker, a mobile oil-shore installation or off-shore installation of any other type.

(2) Subject to the provisions of Part XB, any expenditure or liability incurred by the Central Government in, or by reason of, the exercise of pwoers under sub-section (1) in relation to any tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type in respect of which a notice had been issued under section 356J, or its cargo of oil that had escaped or was discharged into the sea, shall be a debt due to the Central Government by the person or persons on whom the notice was served and may be recovered from that person, or as the case may be, from all or any of those persons and shall be a charge upon all or any tanker, ship other than a tanker, mobile off-shore installation or off-shore installation of any other type owned by that person or persons which may be detained by the Central Government until the amount is paid.

Provided that provisions of Part XB of this Act shall not apply to measures taken in respect of any off-shore installation which is not a ship within the meaning of this Act except that in the event of pollution damage caused by any such off-shore installation the person who is liable for the damage may claim exoneration from any liability if he proves that such damage--

(a) resulted from an act of war, hostillities, civil war, insurrection or a natural phenomenon of an exceptional, ineviable and irresstible character; or

(b) was wholly caused by an act or omission done with intent to cause that damage by any other perosn; or

(c) was wholly caused by the negligence or other wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf.

356L. Power of the Central Government to give directions to certain ships to render certain services-- (1) Where for the purposes of taking any measures under sub-section (1) of sectino 356K, services of any Indian ship become necessary for--

(i) lightening or transporting any cargo or equipment from or to the polluting ship; or

(ii) providing any assistance to any other ship or equipment engaged in rendering services under clause(i),

the Central Government may, if it deems it necessary so to do, direct, by an order in writing, the owner of any Indian ship, tug, barge or any other equipment to provide such services or assistance as may be specified in that order.

 

(2) The owner of any ship, tug, barge or any other equipment with respect to which an order under sub-section (1) has been made shall be entitled to tariff rates of freight and charter hire, at reasonable rates having regard to current market conditions.

Provided that where tariff rates of freight are not fixed or where there is any dispute about reasonable rate of charter hire, the freight or, as the case may be, charter hire, shall be paid at such rates as may be fixed by the Director-General by an order in writing.

(3) Where in pursuance of the proviso to sub-section (2), the Director-General makes any order fixing rates of freight or charter hire, he shall determine reasonability of such rates of freight or charter hire by examining such witnesses, documents and accounts as he may deem necessary.

356M. Oil Pollution cess-- (1) With effect from such date as the Central Government may, by notification in the Official Gazette, specify, there shall be levied on every ship calling at any port in India being a ship which carries oil as cargo, a cess to be called Oil Pollution Cess (hereafter in this Part referred to as cess) at such rate not exceeding fifty paise,--

(a) in respect of each tonne of oil imorted by a ship into India in bulk as a cargo;

(b) in respect of each tonne of oil shipped from any place in India in bulk as a cargo of a ship.

as the Central Government may, by notification in the Official Gazette, fix.

Provided that no cess shall be levied on a ship at any port if the ship produces evidence of having paid such levy at the same or any other port in India within a period of three months immediately preceding its present call at the port.

(2) The cess shall be collected by such officers and in such manner as the Central Government may prescribe in this behalf and shall, after deduction of such costs of collection, if any, as the Central Government may determine, be paid to such authority as the Central Government may specify.

(3) Tthe proceeds of the cess shall, after due appropriation made by Parliament by law, be utilised for the purpose of providing oil reception facilities and equipments and materials for combating oil pollution at various ports in India and for such other like purposes as the Central Government may, by Notification in the Official Gazette, from time to time, specify.

356N. Refusal of port clearance-- The officer whose duty it is to grant a port clearance for any ship shall not grant the port clearance until the amount of cese payable under section 356M has been paid or until security for the payment thereof has been given to his satisfaction.

356O. Power to make rules-- (1) The Central Government may, having regard to the provisions of the Convention, make rules to carry out the purposes of this Part.

(2) In particular and without prejudice to the generality of the provisions of sub-section (1), such rules may--

(a) prescribe the specification of heavy diesel oil for the purpose of sub-clause (iii) of clause (j) of section 356B;

(b) prescribe the equipment to be fitted in Indian ships and other requirements to be complied with by those ships for the purpose of section 356E;

(c) prescribe the forms of oil record books for tankers and other ships, the manner in which such books shall be maintained, the nature of the entries to be made therein, the time and circusmtances in which such entries shall be made, the custody and disposal thereof and all other matters relating thereto for the purposes of section 356F;

(d) prescribe the fees which may be levied for inspsection of oil monitoring system oily water separator, oil content *metre, crude oil washing system, inert gas system or other equipments or contrivances carried out on board for preventing pollution of the sea by oil and the manner in which such fees may be collected.

(e) specify the officers who shall collect the cess and the manner in which the cess shall be collected.]

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