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ASM HANDOUT

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Advanced Shipboard Management (ASM)

Record of Changes

S. No. Date Chapter Page

No.

Nature of Changes /

Amendments

Change

Authorised By


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TABLE OF CONTENTS

Chapter Page No.

1. Indian Merchant Shipping Act 42. Documentation 243. Custom House Procedures 314. Stowaways 375. Master-Pilot Relationship 486. Economics of Sea Transport 687. Shipping Practice

And Documents 80

8. Marine Insurance 1309. International Institutions 15810. Amendments to SOLAS,

MARPOL,International Load lines etc. 192

11. Control Procedures 22412. Port State Control 23713. International Safety

Management Code (ISM Code) 25014. Additional topics 270

ILO Conventions IAMSAR Ballast Water Management CLC/FUND/HNS Conventions London Convention OPRC


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Chapter 1 - Merchant Shipping Act,1958


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Chapter 1 - Merchant Shipping Act, 1958

Its intent and purpose

India has been a seafaring nation for centuries. She has built up a glorious maritime

history and tradition much before the rise of European maritime powers. The Indian shipsused to sail across many sea sand carried on prosperous trade with Asian and Middle Eastcountries. Since the advent of British Rule, the development of indigenous shippingindustry was discouraged because of preferential treatment given to British shipping. Therestrictive British navigational laws not only hindered the growth and development ofIndian shipping but gradually made it disappeared from High Seas.

The Indian Merchant Shipping Law as it existed in 19th century has never been on soundfooting. The British law was applicable to Indian ships trading in international seavoyages as these ships were required to be registered under U.K. Merchant Shipping Actand therefore, technically they were British Ships although registered in India. The Indian

Merchant Shipping Law was nebulous and sketchy. Between the years 1938 to 1947, thefollowing legislation on merchant shipping were held the field (a) The Bombay CoastingVessels Act, 1938 (b) The Indian Registration of Ships Act, 1841 (as amended in 1950);and (c) The Indian Merchant Shipping Act, 1923. The first of the three enactmentsreferred to above dealt with regulations of seagoing vessels. The 1841 act embodied in itprovisions relating to registration of sailing vessels. Both these enactments had, however,been so modelled as to apply only to small coasters and sailing vessels. The third Act,namely, the Indian Merchant Shipping Act, 1923 was fairly comprehensive. IndianMerchant Shipping Law consolidating the provisions of the earlier two acts wassupplemented by passing of the Seamen (Litigation) Act, 1946 and Control of IndianShipping Act, 1947. This Act had, however, only consolidated the laws on merchant

shipping and it did not revise the law and therefore, was found wanting in many respects.The provisions of the International Conventions with respect to Load Lines, 1930 andSOLAS, 1948, both of which were ratified by India were later on incorporated throughIndian Merchant Shipping Amendment Acts of 1933 and 1953.

Immediately after the independence to suit the requirements of a maritime country likeIndia, the Indian Parliament passed the Merchant Shipping Act, 1958. This Act had madegood the main deficiency in the earlier laws that they did not provide for registration ofwhat may be termed as Indian Ships. Certain enabling provisions were also incorporatedin the Act to accelerate the pace of development of shipping in the post independenceperiod. This Act is divided into 24 parts, each part dealing with specific aspects of

merchant shipping like registration of ships, sailing vessels and fishing vessels, NationalShipping Board, manning of ships, engagement, discharge and repatriation of seamen andapprentices, safety of passenger and cargo ships, control of Indian ships and shipsengaged in the coasting trade, collisions, prevention and control of pollution of the sea byoil from ships, limitation of ship-owners' liability, civil liability for oil pollution damageetc.


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The different parts of the Act came into force on different dates as indicated below:

(i) Parts I & II came into force on 15.12.1958

(ii) Part IV came into force on 17.3.1959

(iii) Section 7, Part XIV (including Section 405-414), Section 436, (in so far as it relatesto offences mentioned against S. o. 122 to 125 (both inclusive), Sections 437, 438, 439,440, 441, 458, 459 and 460 and so much of section 461 and of part I of Schedule asrelates to the Control of Shipping Act, 1947 came into force on 1.4.1960

(iv) The remaining provisions of the original Act (except the amendments madesubsequently) came into force w.e.f. 1.1.1961(v) Part VIA providing for obligation of certain certificate holders to serve Govt. or inIndian Ships was inserted by amendment Act of 1979 came into force from 4.5.1979

(vi) Part IX A dealing with nuclear ships inserted by Amendment Act of 1966 came intoforce from 28.5.1966

(vii) Part X A giving provisions for limitations of liability of owners in case of certaindamages inserted by Amendment Act of 1970, came into force from 15.9.1972

(viii) Part X B giving provisions for civil liability for oil pollution damage was insertedby Amendment Act of 1983 came into force from 18.5.1983

(ix) Part XV A giving provisions for fishing boats inserted by Amendment Act of 1983,which came into force from 18.5.1983

Layout of Merchant Shipping Act, 1958 (MSA 58)

The first Indian Merchant Shipping Act was enacted in 1923, the provisions of whichwere in line with the U.K. Merchant Shipping Act, 1894. After independence, taking careof new conditions and changes that have taken place in the Shipping Industry, acomprehensive legislation passed by Indian Parliament in 1958 known as MerchantShipping Act, 1958. The Act has been constantly under revision and amendments toratify the changes approved by the International Maritime Organisation, through itsconventions and protocols, to which India is a Member.

The Merchant Shipping Act as is existed today has 24 parts. The basic provisions of Actgiven in various parts are as under:

Part I deals with the preliminary giving short title of the Act and date ofcommencement, application of the Act and definitions of the terms used in the Act. Thedefinitions have been given for 66 terms. Besides certain terms have been defined in theirappropriate part where they have occurred specifically.


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Part II of the Act contains provisions relating to the establishment and composition of'National Shipping Board, its functions and powers of the Government to make rules inthis respect for term of office of members, appointment of officers or other allowances ofBoard members.

Part III deals with the General Administration, appointment of Director General,establishment of Mercantile Marine Departments, Shipping Offices, Seaman'semployment offices and Seamens Welfare Offices. It also deals with the appointment ofPrincipal Officers at MMD, Mumbai, Calcutta and Madras and other officers at otherports, appointment of surveyors, radio inspectors, Shipping Masters, Director ofSeamen's Employment Offices and Seamen's Welfare Officers.

Part IV - which dealt with the formation of Shipping Development Fund andestablishment of Shipping Development Fund Committee, has been abolished vide M.S.(Amendment) Act of 1986 (66 of 1986)

Part V deals with the registration of Indian ships. It defines the Indian ships, containsprovisions for obligation to register, procedure for registration, Grant of certificate ofregistry, endorsement for change of Master and Owner, provision far transfer of shipsshares etc., rules as to name of ship, provisions for registry of alternations registry a newand transfer of registry, national character of the ships and flag etc.

Part VI - gives provisions relating to the certificates of officers - Masters, Mates,Engineers, Skippers etc., and also requirements of officers on board various category ofships. Review Committee has recommended that instead of specifying the manning scalein the Act itself, Government should have rule making powers to prescribe differentmanning scale for different types of ships and also to carry a safe manning document on

board the ship.Part VI A contains provisions for obligation of certain certificate holders to serveGovernment or in Indian ships.

Part VII deals with seamen and apprentices. It gives vide ranging provision forclassification of seamen, their engagements, discharge, payment of wages, their right forwages dispute between seamen and employers, provisions for property of deceasedseamen and apprentices, distressed seamen, provisions for health and accommodation,protection of seamen in case of litigation and other matters, provision as to discipline,duties of Shipping Master, business of Seamen's employment offices and function ofNational Welfare Board for seafarers, provisions for rule making powers for imposition

of the Board, term of office of members, procedure for conduct of business, levy of feefor providing amenities to seamen and procedure for collection and recovery of Levyfee.

Part VIII deals with passenger ships, their survey, Certificate of survey, powers ofsurveyor, fee, duration of survey, etc. It provides for keeping order in passenger shipsspecifying certain acts of persons as an offence under the act. This part also containsprovision for special trade passenger ships and pilgrim ships.


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Part IX of the Merchant Shipping Act 1958 deals with the provisions relating to Safety.This part gives the provisions relating to construction rules for ships, prevention ofcollisions, life saving appliances and fire appliances, installation of radio telegraphyradio telephony and direction finders, signalling lamp and provisions relating to stabilityinformation. The part also deals with the provisions relating to Safety Certificates, Safety

equipment certificates, Safety radio telegraphy Certificates, exemption certificates, etc.,provision for determining load lines, issue of load line certificates and special provisionsas to ships other than Indian ships. This part also provides powers to make rules as totimber cargo, carriage of dangerous goods, grain loading plan and carriage of grain.The provisions also exists for sub-division load lines, un-seaworthy Ships, detentionof unsafe ships and liability for cost of detention and powers to make rules to issuecertificates under this part.

Part IX A Deals with Nuclear Ships which includes application or non application ofcertain provision of this Act to Nuclear ships, issue of Nuclear passenger and NuclearCargo Ship Safety Certificate and powers to make rules in this respect.

Part X - This part deals with the collision, accident at sea and liability, which includesprovision for division of loss in case of collision, damages for personal injury etc.

Part X A - gives provision for limitation of liability of owners in case of certaindamages.

Part X B gives provision for civil liability for oil pollution damage. It embodiesprovisions for limitation of liability of the owner, constitution of limitation fund,consolidation of claims & distribution of fund amongst claimants, provision forcompulsory insurance or other financial guarantee and rule making powers.

Part XI - This part gives provision for regular method of giving helm orders, duty ofmaster to report danger to navigation, manner of communicating reports of danger tonavigations, obligation to render assistance to persons and ships in danger, etc. This partis also under amendments in accordance with the recommendations given by the reviewcommittee to include foreign flag vessels under purview, giving information by Indianships about position, course, speed to maritime administration and provision for Indianships to be fitted with prescribed navigational aids and equipments.

Part XI A Prevention and containment of pollution of sea by Oil:This part contains provision for prevention of pollution and gives powers to Central

Government for prohibition as to discharge of oil and oily mixtures, inspection andcontrol of ships to which Oil Pollution Convention applies, maintenance or Oil recordbook, oil reception facilities at the ports in India and powers of theGovernment to take measures for preventing or containing oil pollution, direction tocertain ships to render assistance and levy of oil pollution cess. The Government underthe provision of this part can also frame rules.


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This part does not contain provision for the action to be taken when oil is escaped. Thereview Committee has recommended empowering the Central Government to takeappropriate action when oil is escaped.

Part XII: This part provides the provision for investigation and inquiries in shipping

casualties. It gives powers to the Court for holding formal investigations, to arrestwitnesses or enter the ships, to commit trial, to censure masters, mates or engineer, or toremove master. Counsellor officer can appoint a marine board if the casualty occurs atforeign waters. Central Government can cancel or suspend certificate of Master, Mate orEngineer. Constitution of court of survey, reference in difficult cases to scientific personsand investigation into explosions or fire on board of ship are the other provisions of thispart.

Part XIII - This part gives provision for matters relating to wreck and salvage. India hasratified 1989 Salvage Convention and therefore review committee has suggestedthat provisions of this Convention may be inserted amending Section 390, 398, 402 (1)

and 404.

Part XIV - of the Act gives powers to the Central Govt. for control of Indian ships andships engaged in coasting trade. Section 412 giving powers to fix shipping rates hasalready been abolished. Some relaxation has also been given under cabotage law.

Part XV contains the provisions for sailing vessels and part XV A for fishing boats,their registry, name, inspection, certification etc.

Part XVI gives the provisions for penalties for violation of the provisions of the Act andprocedure thereof.

Part XVII` contains miscellaneous provisions for appointing examiners, powers of shipsurveyor, inquiry into case of death on board the ships etc.

Indian Ships, Registration

Introduction

A ship entitled to fly the flag of a country needs to be registered in that country. Theobject of registration is to ensure that persons who are entitled to the privilege andprotection of the Indian flag get them. The registration affords evidence of title off the

ship to those who deal with the property in question. It also gives protection to themembers of the crew in case of casualties involving injuries and/or loss of life to claimcompensation under the provisions of the Indian Acts in Indian courts.

Indian Merchant Shipping Act of 1958, for the first time, dealt with registration of ships.Earlier acts had lacked this aspect totally. Part V of this Act deals with exclusively withthe registration of Indian ships, while Part XV deals with registration of sailing vesselsand Part XV A deals with the registration of fishing boats.


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Ships, which qualify to be registered, are required to be registered only at portsdesignated as ports of registry. At present Mumbai, Calcutta, Madras, Cochin andMormugao have been notified as ports of registry and principal officers of Mumbai,Calcutta & Madras and Surveyor in charge of Cochin and Mormugao have been notifiedas Registrar of Indian ships. In their capacity as registrar of Indian ships, the principal

officers are required to maintain a complete record of Ships on register indicating statusof the ship on a particular date. A central register is maintained by the Director Generalof Shipping, which contains all the entries recorded in the register books kept by theregistrar at the port of registry in India. The Director General of Shipping, at the requestof owners of Indian ships, desiring to be known at sea, allots signal letter & controls theseries that may be so issued. Certain formalities are required to be complied with before aship is registered. Part V of the Merchant Shipping Act, 1958 and Registration of shipsrules, 1960 as amended from time to time, are concerned with the Registration of Indianships.

Status of Indian Ships

The conferment of status of Indian ships is restricted to:

Ships owned by a citizen of India Ships owned by a company or body established by or under any central or state

Act which has its principle place of business in India Ships owned by a co-operative society which is registered or deemed to be

registered under the Co-operative Society Act, 1912, or any other law relating toCo-operative Societies for the time being in force in any state

Qualification required for registration as Indian ships

Sea going ships fitted with mechanical means of propulsion of 15 tons net and abovehowsoever employed and those of less than 15 tons net employed otherwise than solelyon the coasts of Indian qualify for registration under Part V of the Merchant ShippingAct, 1958. Ships that are able to be registered are required to be registered only at portsdesignated as ports of registry.

In their capacity as Registrar of ships, the Principal officers and concerned SurveyorsIn-charge are required to maintain a complete record of ships on register indicating as ona particular date the person/persons, either in their individual capacity or as joint ownersor as a corporate body, who have a stake in the ownership of ships. Not more than 10

individuals are entitled to be registered as owner of a fractional part of a share in a ship,but a maximum of 5 persons could be registered as joint owners of a ship or of any shareand shares therein. Joint owners by reason of the position as such cannot, however,dispose off in severalty, any share or interest therein.


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Formalities to be observed for registration as Indian ship

The owner of a ship wishing to have it registered at a port in India has to submit to theconcerned Register:

a) A declaration of ownership - in one or the other prescribe forms, as may be applicable,depending upon whether he is a sole proprietor, joint owner or a company made before aRegistrar, Justice of the peace or an Indian Consular Officer.

b) A certificate signed by the builder (builder's certificate) of the ship containing a trueaccount of the proper denomination and of the tonnage of the ship as estimated by himand the time, when and the place where the ship was built, (for new ship).

c) The instrument of sale under which the property of the ship was transferred to theapplicant who requires it to be registered in his name, (for second-hand ships).

d) To give a minimum of 14 days notice to the Registrar of the name proposed for theship. The Registrar before registering the vessel in the name of the applicant shall obtainprior approval of the name from the Director General of Shipping who will also allot anofficial number for the ship.

e) On being satisfied that the ship, on the strength of the evidence placed before him, isentitled to be Indian ship, the Registrar arranges for survey of the ship by a surveyor forthe determination of her tonnage in accordance with the Merchant Shipping (TonnageMeasurement) Rules, 1987 as amended from time to time, for the purpose of issue of aCertificate of Survey.

After the formalities enumerated above have been gone through, the Registrar issues acarving and marking note. This note is to be returned to the Registrar after carving andmarking have been duly carried out on the ship in the prescribed manner and certified bya Surveyor. The carving and marking involves the carving of the name of the shipconspicuously on each side of her bows as well as insertion permanently on her stern thename of the intended port of registry.

On completion of the preliminaries to registry as described in the preceding paragraphs,the Registrar enters the particulars of the ship such as:

a) Name of the ship and the port to which she belongs

b) Details contained in the Surveyors Certificatec) Particulars respecting her origin as revealed in the declaration of ownershipd) The name and description of her registered owner and, if there are more owners thanone, the number of shares owned by each of them; ande) Name of the Master, in the Registry Book. The Registrar issues thereafter to theowners a certificate of registry retaining the Surveyor's certificate, builders certificate,instrument of sale by which the ship was sold, and the declaration of ownership


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Formalities connected with registration of an Indian ship when acquired abroad

When a ship is built or acquired out of India and becomes the property of a personqualified to own an Indian ship, the owner or the Master of the ship will have to apply tothe Indian Consular Officer at the nearest port for the issue of a provisional certificate of

Indian registry and such officer, on production of satisfactory proof of ownership, grantthe same to the owner or the Master. Such a certificate has all the force of a certificate ofregistry. It is, however, valid for a period of 6 months from its date of issue or until thearrival of the ship at a port where there is a Registrar whichever first happens and oneither of these events happening would cease to have effect. The provisional certificate soissued will have to be exchanged by the owner for a certificate of registry from theconcerned Registrar.

Quite often a ship has to set sail from a port where she is built in India to a port where shehas to be registered. The owner in such cases or where he has applied to the Registrar forregistration but delay in the issue of certificate of registry is anticipated, the Registrar

may, on the strength of the authority issued by the Director General of Shipping, issue atemporary pass to enable the ship to ply between the ports in India.

The Certificate of Registry has to be used only for the lawful navigation of the ship and isnot to be detained by reason of any lien, mortgage of interest whatsoever claimed by anyparty.

No change in the name already in the registry is permitted except in accordance with theprocedure laid down in the M.S. (Registration of Ships) Rules, as amended from time totime. Application for the registry of alterations to a ship will have to be made to theRegistrar within one month of the alterations.

Where the alterations are material so as to affect the principal dimensions of a ship or themeans of propulsion, a ship will have to be registered as new and, in that event, rulesapplicable for first registry will come into force.Where a ship is registered under circumstances envisaged in paragraph immediatelyabove this, the original certificate of registry stands cancelled and the existing entries inthe registry remain closed. The original official number allotted to ship, is however,retained.

Where transfer of a port of registry is desired by all the parties having a stake in theownership or otherwise of the ship, they shall apply to the Registrar of her port of

registry, who may, with the prior approval of the Director General of Shipping have noobjection to such transfer subject to such formalities as has been laid down in the M.S.(Registration of Ships) Rules and on payment of the requisite fees prescribed thereof.

Whenever there is any change in the Master of an Indian ship, in whatever the way thechange has come about, a memorandum of change has to be endorsed and signed on theCertificate of Registry by the Presiding Officer of a Marine Board or a Court if thechange of Master is brought about as a result of the findings of the Marine Board of


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Inquiry or the Registrar or any other officer authorized by the Central Government or theIndian Consular Officer depending upon whether the change has occurred in India orabroad.

In the event of an Indian Ship being either actually or constructively lost, taken by the

enemy, burnt or broken up or ceasing for any reason to be an Indian ship, every owner ofthe ship or any share in the ship is required to give a notice thereof to the Registrar andthereupon the Registrar will make an appropriate entry in the Register Book and the entryof the ship in that book would then be deemed mortgage that lies unsatisfied on that datewill, continue to remain in force. The Master of such a ship, if the event accrues in India,will immediately make over the Certificate of Registry to the Registrar or within a periodof 10 days after his arrival in India if the event occurs elsewhere.

Transmission of an Indian ship or interest therein

Where the property in an Indian ship or share therein is transmitted to a person on the

death or insolvency of the registered owner or by any lawful means other than a transferdescribed as above, it would be effected by an application made to the Registrar of theship's port of registry accompanied by a declaration in the prescribed form identifying theship and also a statement of the manner in which and the person to whom the propertyhas been transmitted. In the case of transmission consequent on insolvency, a declarationof transmission has to be accompanied by proof of such claim. In the case of transmissionas a result of death, a Succession certificate, probate or letters of Administration, underthe Indian Succession Act, 1925 or a duly certified copy thereof, shall accompany thedeclaration of transmission. The Registrar on receipt of the declaration of transmissionwill make appropriate entry in the register book to give effect to the change in theownership.

Where as a result of the transmission of property in a ship or share there on death orinsolvency or otherwise a ship ceases to be an Indian ship, the Registrar of Port of herregistry will have to submit a report to the Central Government through the DirectorGeneral of Shipping setting out the circumstances in which the ship has ceased to be anIndian ship. On receipt of such a report, Central Government can make an application tothe High Court for a direction for the sale of such Ship to any Indian citizen or any Indiancompany. Such an application may have to be made to the High Court by theGovernment within 60 days from the date of receipt of the report.

Importance of Signal Letters of a ship (Call Sign)

At the request of the owners of Indian ships desiring to be known at sea, the DirectorGeneral of Shipping, who will control the series that may be so issued, allots signalletters. The allotment of such signal letters are required to be noted in the Register Bookand endorsed suitably on the Certificate of Registry. The allotment of signal letters willform subject matter of a communication by the Director General of Shipping to theWireless Adviser, Ministry of Communication, New Delhi


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Responsibilities of the DG Shipping of India with regard to registration of ships

Maintain a Central Register, which would contain not only the names of all ships but alsoentries relating to every Indian ship that stand recorded at the various ports of registry.Details of the Registry of a ship, as well as every subsequent entry relating to that ship

recorded in the Register Book are required to be communicated to the Director General ofShipping as and when the events occur. On or before the 15th January of each year,Registrars of each Port are required to submit to the Director General of Shipping a returnshowing the number of ships with their tonnage registered in the register book during theprevious year.

Executive Orders: The Director General of Shipping has assigned the work ofmaintaining the Central Register of Ships to the Nautical Adviser. All Principal Officershave been directed to send their returns, including the transcript of registry, to theNautical Adviser so that he should be able to maintain the Central Register.

Engagement of seafarers on Indian ships

The following are the special provisions with regard to agreements with crew of Indianships.

The following provisions shall have effect with respect to every agreement made in Indiawith the crew of an Indian ship, namely:

(a) The agreement shall, subject to the provision of the Merchant Shipping Act, 1958(MSA 58) is to be signed by each seaman in the presence of a shipping master

(b) The shipping master shall cause the agreement to be read over and explained to eachseaman, in a language understood by him / her or shall otherwise ascertain that eachseaman understands the same before he signs it, and shall attest each signature

(c) When the crew is first engaged, the agreement shall be signed in duplicate, and onepart shall be retained by the shipping master, and the other part shall be delivered to themaster and shall contain a special place or form for the descriptions and signatures ofsubstitutes or persons engaged subsequently to the first departure of the ship

(d) When a substitute is engaged in the place of a seaman who has duly signed theagreement and whose services are within twenty-four hours of the ship's putting to sea

lost by death, desertion or other unforeseen cause, the engagement shall, if practicable, bemade before a shipping master, and if not practicable, the master shall, before the shipputs to sea, if practicable, and, if not, as soon afterwards as possible, cause the agreementto be read over and explained to the substitute; and the substitute shall thereupon sign thesame in the presence of a witness, who shall attest the signature

In the case of an agreement made in India with the crew of a foreign-going Indian ship,the following provisions shall have effect in addition to the provisions specified above:


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(a) The agreement may be made for a voyage of the ship or if the voyages of the shipaverage less than six months in duration, may be made to extend over two or morevoyages, and agreements so made are in the MSA 58 referred to as running agreements

(b) A running agreement may be made to extend over two or more voyages so that it shall

terminate either within six months from the date on which it was executed, or on the firstarrival of the ship at her port of destination in India after the expiration of that period, oron the discharge of cargo consequent upon such arrival, whichever of these dates shall bethe latest. Provided that no such running agreement shall continue in force, if, after theexpiration of such period of six months as aforesaid, the ship proceeds on a voyage froma port outside India to any other such port which is not on the direct route or a customaryroute to her port of destination in India

(c) On every return to a port in India before the final termination of a running agreement,the master shall discharge or engage before the shipping master at such port any seamanwhom he is required by law so to discharge or engage, and shall upon every such return

endorse on the agreement a statement (as the case may be) either that no such dischargesor engagements have been made or are intended to be made before the ship leaves port,or that all those made have been made as required by law

(d) The master shall deliver the running agreement so endorsed to the shipping master,and the shipping master shall, if the provisions of MSA 58 relating to agreements havebeen complied with, sign the endorsement and return the agreement to the master.

Note of Protest

Is the ancient practice of noting of protest still worthwhile in today's world? Should

provisions be made by the companies to provide for noting of protest in their operatingprocedures?

The answer is not straightforward but the following guidelines may be of help to masterswhen considering the matter:

1). Noting of protest following an event, which has resulted in damage to the ship or hercargo or injury to someone on board may be a requirement of the ship's flag state.

2). As a general rule, a note of protest has little, if any, evidential value in court. In mostcommon-law countries (including England, Canada, India, Australia, English-speaking

South-East Asian and African countries, and the USA), whatever might be said in thenote of protest will need to be established or substantiated in court by further evidencewhich may include oral evidence from the master or evidence from independent sources.

3). In those countries where the Romano-Germanic system of law is applied (thisincludes most of Continental Europe, French-speaking African countries, Latin Americaand Japan), the noting of protest may still be of importance. In some countries, the protestis still regarded as an essential formal step in the defence of a claim against the ship and


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subsequent evidence is introduced as an extension of the original protest. If the masterfails to note protest upon arrival, the defence of a claim may be seriously prejudiced. Insome countries, it is sufficient if the note of protest is sworn before a local public notaryor the consul representing the ship's flag state, but in other countries, such as in France, anote of protest is usually made before the court.

In Brazil, for instance, the noting of protest must be carried out before the local courtwithin twenty-four hours of the ship's arrival. If the master fails to do so, the ship-owneris not entitled to rely on certain defences, which may otherwise have enabled himsuccessfully to defend a claim.

4) A note of protest can also be helpful when there is a need to pursue a claim, rather thandefending it. If stevedores have damaged the ship or cargo during loading or dischargingoperations, a detailed note of protest addressed to the stevedores will certainly be helpfulwhen pursuing a claim against them, even more so if the note of protest is acknowledgedby the stevedore foreman. Also, if the master has noted protest following an incident

when the ship may have grounded, this will provide useful information when during asubsequent dry-docking, bottom damage is found and there is a need to relate the claim toa policy under the hull insurance.

The conclusion is that Masters should not be discouraged from issuing a note of protestfollowing an incident when they think it would be appropriate to do so. Noting of protestis more likely to protect the owner's position than do it any harm. Masters should also beencouraged to contact the P & I Club's local correspondent if they have any doubt as towhether a note of protest should be issued and as to what formalities need to be carriedout.

Amendments to the merchant Shipping Act, 1958

The Merchant Shipping Act, 1958 has been amended on thirteen occasions since 1958and the major amendments that were made are as indicated below:

Year 1966

The provisions of the International Convention for the Safety of Life at Sea, 1960 wereinserted in the ActThe Special Trade Passenger Ship Agreement, 1971 andThe Protocol on space Requirements for Special Trade Passenger Ships, 1973. The

amended provisions of Law aim at upgrading safety requirements applicable to specialTrade Passenger Ships (Formerly known as un-berthed Passenger Ships)

Year 1979

Provision for placing an obligation on the persons obtaining certificates of competencyunder the Act to serve Government or Indian Ships for a specified period wasincorporated in the Act


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Year 1981

Provisions to enable the Co-operative Societies to own and register ships wasincorporated in the Act

Year 1983

The provisions of the International Convention on Control and Prevention of Pollution ofSea by ships in accordance with the amendments to the 1954 Oil Pollution Convention;giving provisions for civil liability for Oil Pollution damage, was incorporated in Part XB of the Act. The 1983 amendment act also provided to insert new provisions forregistration of fishing boats, their inspection etc, in Part XV A of the Act,

Year 1984

Provisions in relation to Welfare of Seamen and insurance of crew of sailing vessels, etc.

was incorporated in the Act

Year 1986

Section 80 of the Act regarding grant of certificate of service to naval officers wasdeleted from the Act, as the International Convention on Standards of training,Certification and Watch-keeping 1978 (to which India is a party) does not permit grant ofcertificates of service without examination

An Act called the Shipping Development Fund Committee (Abolition) Act, 1986 waspassed to abolish the SDFC constituted under the M.S. Act, 1958. The Central

Government delegated the Shipping credit and Investment Company of India Limited, aCompany registered under the Companies Act, 1956 (1 of 1956) with all its functions in1987.

Year 1987

Provision with regard to manning of ships by certificated officers in accordance with theStandards of Training, Certification and Watch-keeping Convention of 1978 was insertedin the ActYear 1988

Provisions of the International Convention on Civil Liability for Oil Pollution Damage,1969 and its 1976 Protocol was inserted in Part X B of the Act

Year 1993

On the recommendation of the M.S.A Review Committee, the Sections 21,42,45,51, 412and 414 of the M.S. Act, 1958 were amended. The Govt. of India in 1991 set up aReview Committee under the Chairmanship of Director General of Shipping to review


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the Merchant Shipping Act 1958 in its entirety taking into consideration the internationalconventions which India has ratified but not enacted statutorily. The Committee has goneinto depth of the provisions of M.S. Act 1958 and has suggested wide rangingamendments of various sections including the preamble. Thesesuggestions/recommendations of the Review Committee are under consideration of the

Government to amend the M.S. Act 1958 for incorporating the same. The policy ofliberalisation adopted by the Government since 1991 has also been taken care of forinclusion in the Merchant Shipping Act

INDIAN MERCHANT SHIPPING ACT (Latest Amendments) - Substitution of newsection for section 76 (44 of 1958)

CHAPTER II

Certificates of competency to be held by officers of ships

1. Every foreign-going Indian ship, every home-trade Indian ship of two hundred tonsgross or more when going to sea from any port or place in India and every ship carryingpassengers between ports or places in India shall be provided with officers dulycertificate under this Act according to the following scale, namely:

A duly certificate master

For foreign-going ship or a home-trade passenger ship of 150 tons gross or more, with atleast one officer besides the master holding a certificate not lower than that of first matein the case of a foreign-going ship and of mate in the case of a home-trade passenger ship

If the ship is a home-trade ship, not being a passenger ship, of four hundred and fifty tonsgross or more, with at least one officer besides the master holding a certificate not lowerthan that of mate

If the ship is a foreign-going ship and carries more than one mate, then with the secondmate duly certificate.

Certificates of competency to be held by officers of ships

2. For section 76 of the Merchant Shipping Act, 1958 (hereinafter referred to as theprincipal Act), the following section shall be substituted, namely:

(1) Every Indian ship, when going to sea from any port or place, shall be provided withofficers duly certificated under this Act in accordance with such manning scales as maybe prescribed:

Provided that the Central Government may prescribe different manning scales fordifferent types of ships.


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(2) Every ship, whether at sea or in any port or place, shall engage such number ofpersons and with such qualifications as may be prescribed for maintaining watches.

Power to make rules as to grant, cancellation or suspension of certificates of competency

The Central Government may make rules to carry out the provisions of this Part relatingto certificates of competency, and may, by such rules, -

(a) Prescribe the manner in which the horsepower of the engines of ships may becalculated, and the methods by which such calculation may be made in respect ofdifferent types of engines

(b) Provide for the conduct of the examination of persons desirous of obtainingcertificates of competency for the grades falling under section 78

(c) Prescribe the qualifications to be respectively required of persons desirous of

obtaining certificates of competency for the grades falling under section 78

(d) Fix the fees to be paid by applicants for examination

(e) Prescribe the form of such certificates and the manner in which copies of certificatesare to be kept and recorded

(f) Prescribe the circumstance or cases in which certificates of competency may becancelled or suspended.

Amendment of section 87

In section 87 of the principal Act, in sub-section (2), in clause (b), for the words by aship, the words by different types of ships shall be substituted.Business of seamens employment offices

(1) It shall be the business of the seamen's employment offices:

(a) To regulate and control-(i) The supply of such categories of seamen and for such class of ships as may beprescribed;

(ii) The recruitment of persons for employment as seamen and the retirement of seamenfrom such employment;

(iii) The promotion of seamen or changes of their categories;

(b) To maintain registers of seamen in respect of the categories prescribed under sub-clause (i) of clause (a)


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(c) To perform such other duties relating to seamen and merchant ships as are, from timeto time, committed to them by or under this Act.

(2) Where there is in existence at any port a seamen's employment office, then,notwithstanding anything to the contrary contender in any other provision of this Act, no

person shall receive or accept to be entered on board any ship of the class prescribedunder sub-section (1) any seamen of the categories prescribed under that sub-section,unless such seaman has been supplied by such seamen's employment office.

(3) The Central Government may make rules for the purpose of enabling seamen'semployment offices effectively to exercise their powers under this Act; and in particularand, without prejudice to the generality of such power, such rules may provide for-

(a) Consultation with respect to any specified matter by seamen's employment officeswith such advisory boards or other authorities as the Central Government may think fit toconstitute or specify in this behalf;

(b) The levy and collection of such fees as may be specified for any seamen'semployment office for registering the name of any seaman in any register maintained byit

(c) The issue of directions by the Central Government to any seamen's employment officewith reference to the exercise of any of its powers;

(d) The suppression of any seamen's employment office, which fails to comply with anysuch direction.

Amendment of section 95

In section 95 of the principal Act,

(i) In sub-section (1), for clauses (a) and (b), the following clauses shall be substituted,namely: -

(a) To issue licence, to regulate and control the recruitment and placement service, andto

(i) Ensure that no fees or other charges for recruitment or placement of seafarers are

borne directly or indirectly or in whole or in part, by the seafarers(ii) Ensure that adequate machinery and procedures exist for the investigation, ifnecessary, of complaints concerning the activities of recruitment and placement services;and

(iii) To maintain registers of seamen in respect of the categories of seamen.

(ii) Sub-section (2) shall be omitted


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(iii) In sub-section (3), for clauses (b) and (c), the following clauses shall be substituted,namely:

(b) The levy and collection of such fees as may be specified for the issue of licences to

recruitment and placement services, renewal of such licences and services to be renderedby the seamens employment office;

(c) The issue of directions by the Central Government to any seamens employmentoffice or any recruitment and placement service with reference to the exercise of any ofits powers; ;

(ca) the conditions under which the recruitment and placement service to recruit andplace seafarers abroad;

(cb) circumstances and conditions under which licence to be suspended or withdrawn;

(cc) conditions under which seafarers personal data to be processed by the recruitmentand placement services including the collection, storage, combination andcommunication of such data to third parties;

(iv) After sub-section (3), the following Explanation shall be inserted, namely:--

Explanation

For the purposes of this section:

(a) recruitment and placement service means any person, company, institution, agencyor other organisation, in the public or private sector, which is engaged in recruitingseafarers on behalf of employers or placing seafarers with employers;

(b) seafarer means any person who fulfils the conditions to be employed or engaged inany capacity on board a sea-going ship other than a government ship used for military ornon-commercial purposes.

97. Receipt of remuneration from seamen for shipping them prohibited. -A person shall not demand or receive, either directly or indirectly, from any seaman, orfrom any person seeking employment as a seaman, or from any person on his behalf, any

remuneration whatever for providing him with employment, other than the feesauthorized by this Act.

Substitution of new section for section 97

Receipt of remuneration, donation, fees, etc., from seamen for shipping them prohibited

For section 97 of the principal Act, the following section shall be substituted, namely:


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97. (1) A person or company or organisation including a union purporting to representthe interests of seamen shall not demand or receive either directly or indirectly, from anyseamen or person seeking employment as seamen or any person on his behalf, anyremuneration or donation or fees or compulsory subscription of any kind attributablefrom such seamen or persons employment as seamen, other than the fees authorised by

this Act.

(2) It shall be the duty of the company employing or proposing to employ persons asseamen to ensure that no money has been demanded or received by any person orcompany or organisation including the union purporting to represent the interests ofseamen by way of any remuneration or donation or fees or compulsory subscription ofany kind attributable to employment of such persons as seamen..

6. After section 97 of the principal Act, the following section shall be inserted, namely:--.Insertion of new section 97A

Prohibition against discrimination

97A. There shall be no discrimination between seamen:

(a) on the ground of their membership or lack of membership in any particular unionpurporting to represent the interests of seamen and membership in such union shall not bepre-requisite condition;

(b) on the basis of training institute from where they obtained training or place of issue oftheir continuous discharge certificates,

for their recruitment and engagement on board any ship

Duration of certificates

(1) A safety equipment certificate, a qualified safety equipment certificate, an equipmentcertificate and a qualified equipment certificate issued under this Part shall be in force fortwenty-four months from the date of its issue or for such shorter period as may bespecified in the certificate.

(2) Any certificate issued under this Part not specified in sub-section

(1) shall be in force for twelve months from the date f its issue or for such shorter periodas may be specified in the certificate.

(3) The Central Government or any person authorised by it in this behalf may grant anextension of any certificate issued under this Part in respect of an Indian ship for a periodnot exceeding one month from the date when the certificate would but for the extension


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have expired, or if the ship is absent from India on that date, for a period not exceedingfive months from that date.

(4) Notwithstanding anything contained in this section a certificate issued under this Partshall not remain in force after notice is given by the authority issuing the certificate to the

owner or master of the ship in respect of which it has between issued that that authorityhas cancelled the certificate.

Substitution of new section for section 303

Duration of certificates

For section 303 of the principal Act, the following section shall be substituted, namely:

303. (1) A passengers ship safety certificate, a qualified passenger ship safety certificate,a special trade passenger ship safety certificate and a special trade passenger ship space

certificate issued under this Part shall be in force for a period of twelve months from thedate of its issue or for such shorter period as may be specified in the certificate.

(2) A cargo ship safety equipment certificate, a qualified cargo ship safety equipmentcertificate, a cargo ship equipment certificate, a qualified cargo ship equipmentcertificate, a cargo ship safety construction certificate, a qualified cargo ship safetyconstruction certificate, a cargo ship construction certificate, a qualified cargo shipconstruction certificate, a cargo ship safety radio certificate, a qualified cargo ship safetyradio certificate and a cargo ship radio certificate issued under this Part shall be in forcefor a period of five years from the date of its issue or for such shorter period as may bespecified in the certificate.


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Chapter 2 Documentation


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Chapter 2 Documentation

CERTIFICATES AND DOCUMENTS REQUIRED TO BE CARRIEDON BOARD SHIPS

(Note: All certificates to be carried on board must be originals)

Section 1: All ships

1) International Tonnage Certificate (1969)Tonnage Convention, article 7

2) International Load Line CertificateLL Convention, article 16; 1988 LL Protocol, article 18

3) International Load Line Exemption CertificateLL Convention, article 6; 1988 LL Protocol, article 18

4) Intact stability bookletSOLAS 1974, regulations II-1/22and II-1/25-8; 1988 LL Protocol, regulation 10

5) Damage control plans and bookletsSOLAS 1974, regulations II-1/23, 23-1, 25-8;

6) Minimum safe manning documentSOLAS 1974 (2000 amendments), regulation V/14.2

7) Fire safety training manualSOLAS 1974(2000 amendments) regulation II-2/15.2.3

8) Fire Control plan/bookletSOLAS 1974 (2000 amendments), regulation II-2/15.2.4

9) On board training and drills recordSOLAS 1974 (2000 amendments), regulation II-2/15.2.2.5

10)Fire safety operational bookletSOLAS 1974 (2000 amendments), regulation II-2/16.2

11)Certificates for masters, officers or ratingsSTCW 1978, article VI, regulation I/2; STCW Code, section A-I/2

12)International Oil Pollution Prevention CertificateMARPOL 73/78, Annex I, regulation 5


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13)Oil Record BookMARPOL 73/78, Annex I, regulation 20

14)Shipboard Oil Pollution Emergency PlanMARPOL 73/78, Annex I, regulation 26

15)International Sewage Pollution Prevention CertificateMARPOL 73/78, Annex IV, regulation 5;

16)Garbage Management Plan.MARPOL 73/78, Annex V, regulation 9

17)Garbage Record BookMARPOL 73/78, Annex V, regulation 9

18)Voyage data recorder system-certificate of complianceSOLAS 1974, regulation V/18.8

19)Cargo Securing ManualSOLAS 1974 (2002 amendments), regulations VI/5.6 andVII/5;

20)Document of ComplianceSOLAS 1974, regulation IX/4; ISM Code, paragraph 13

21)Safety Management CertificateSOLAS 1974, regulation IX/4; ISM Code, paragraph 13

22)International Ship Security Certificate (ISSC) or Interim International ShipSecurity CertificateSOLAS 1974 (2002 amendments), regulation XI-2/9.1.1;ISPS Code part A,section and appendices.

23)Ship Security Plan and associated recordsSOLAS 1974 (2002 amendments), regulation XI-2/9; ISPS Code part A, sections9 and 10

24)Continuous Synopsis Record (CSR)SOLAS 1974 (2002 amendments), regulation XI-1/5


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Section 2:In addition to the certificates listed in section 1 above,PASSENGER SHIPS shall carry

1) Passenger Ship Safety CertificateSOLAS 1974, regulation I/12, as amended by the GMDSS amendments; 1988

SOLAS Protocol, regulation I/12, (2000 amendments), appendix

2) Exemption Certificate2SOLAS 1974, regulation I/12; 1988 SOLAS Protocol, regulation I/12

3) Special Trade Passenger Ship Safety Certificate, Special Trade PassengerShip Space CertificateSearch and rescue co-operation planSOLAS 1974 (2000 amendments),

4) List of operational limitationsSOLAS 19742000 amendments), regulation V/30

5) Decision support system for mastersSOLAS 1974, regulation III/29

Section 3: In addition to the certificates listed in section 1 above,CARGO SHIPS shall carry

1) Cargo Ship Safety Construction CertificateSOLAS 1974, regulation I/12, as amended by the GMDSS amendments; 1988SOLAS Protocol, regulation I/12

2) Cargo Ship Safety Equipment Certificate4SOLAS 1974, regulation I/12,

3) Cargo Ship Safety Radio Certificate51988 SOLAS Protocol, regulation I/12

4) Cargo Ship Safety Certificate1988 SOLAS Protocol, regulation I/12(2000 amendments), appendix

5) Exemption CertificateSOLAS 1974, regulation I/12; 1988 SOLAS Protocol, regulation I/12

6) Document of authorization for the carriage of grainSOLAS 1974, regulation VI/9; International Code for the Safe Carriage of Grainin Bulk, section 3


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7) Certificate of insurance or other financial security in respect of civil liabilityfor oil pollution damageCLC 1969, article VII

8) Certificate of insurance or other financial security in respect of civil liabilityfor oil pollution damageCLC 1992, article VII

9) Enhanced survey report fileSOLAS 1974 (2002 amendments), regulation XI-1/2; resolution A.744 (18)

10)Record of oil discharge monitoring and control system for the last ballastvoyageMARPOL 73/78, Annex I, regulation 15(3) (a)

11)Cargo InformationSOLAS 1974, regulations VI/2and XII/10;

12)Bulk Carrier BookletSOLAS 1974, regulations VI/7 and; XII/8; Code of Practice for the Safe Loadingand Unloading of Bulk Carriers (BLU Code)

13)Dedicated Clean Ballast Tank Operation ManualMARPOL 73/78.MARPOL 73/78, Annex I, regulation 13A

14)Crude Oil Washing Operation and Equipment Manual (COW Manual)MARPOL 73/78.MARPOL 73/78, Annex I, regulation 13B

15)Condition Assessment Scheme (CAS) Statement of Compliance, CAS FinalReport and Review RecordMARPOL 73/78, Annex I (2001 amendments

16)Hydrostatically Balanced Loading (HBL) Operational ManualMARPOL 73/78, Annex I (2001 amendments (resolution MEPC.95 (46)),regulation 13G

17)Oil Discharge Monitoring and Control (ODMC) Operational ManualMARPOL 73/78, Annex I, regulation 15(3) (c)

18)Subdivision and stability informationMARPOL 73/78, Annex I, regulation 25


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Section 4: In addition to the certificates listed in sections 1 and 3 above,where appropriate, any SHIP CARRYING NOXIOUS LIQUID

CHEMICAL SUBSTANCES IN BULK shall carry

1) International Pollution Prevention Certificate for the Carriage of NoxiousLiquid Substances in Bulk (NLS Certificate)MARPOL 73/78, Annex II, regulations 11 and 12A

2) Cargo record bookMARPOL 73/78, Annex II, regulation 9

3) Procedures and Arrangements Manual (P & A Manual)MARPOL 73/78, Annex II, regulations 5, 5A and 8

4) Shipboard Marine Pollution Emergency Plan for Noxious Liquid SubstancesMARPOL 73/78, Annex II, regulation 16

Section 5: In addition to the certificates listed in sections 1 and 3 above,where applicable, any CHEMICAL TANKER shall carry

1) Certificate of Fitness for the Carriage of Dangerous Chemicals in BulkNote: The Code is mandatory under Annex II of MARPOL 73/78 for chemicaltankers constructed before 1 July 1986orBCH Code, section 1.6; BCH Code as modified by resolution MSC.18 (58),section 1.6

2) International Certificate of Fitness for the Carriage of Dangerous Chemicalsin BulkNote: The Code is mandatory under both Chapter VII of SOLAS 1974 and AnnexII of MARPOL 73/78 for chemical tankers constructed on or after 1 July 1986.IBC Code, section 1.5; IBC Code as modified by resolutions MSC.16 (58) andMEPC.40 (29), section 1.5

Section 6: In addition to the certificates listed in sections 1 and 3 above,where applicable, any GAS CARRIER shall carry

1) Certificate of Fitness for the Carriage of Liquefied Gases in BulkGC Code, section 1.6


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2) International Certificate of Fitness for the Carriage of Liquefied Gases inBulkNote: The Code is mandatory under chapter VII of SOLAS1974 for gas carriersconstructed on or after 1 July1986.IGC Code, section 1.5; IGC Code as modifiedby resolution MSC.17 (58), section 1.5

Section 7: In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any SHIP CARRYING DANGEROUSGOODS shall carry

1) Document of compliance with the special requirements for ships carryingdangerous goodsSOLAS 1974, (2000 amendments), regulation II-2/19.4

Section 8: In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any SHIP CARRYING DANGEROUS

GOODS IN PACKAGED FORM shall carry

1) Dangerous goods manifest or stowage planSOLAS 1974, (2002 amendments), regulations VII/4.5 andVII/7-2; MARPOL73/78, Annex III, regulation 4

Section 9: In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any SHIP CARRYING INF CARGO shall

carry

1) International Certificate of Fitness for the Carriage of INF CargoSOLAS 1974, regulation VII/16; INF Code

Section 10: Other certificates and documents, which are NOTMANDATORY

Special purpose ships

1) Special Purpose Ship Safety CertificateSOLAS 1974, regulation I/12; 1988 SOLAS Protocol, regulation I/12


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Chapter 3 Custom HouseProcedures


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Chapter 3 Custom House Procedures

INWARD AND OUTWARD CLEARANCE OF SHIPS

ON ARRIVAL:

Free pratique:

Port health clearance procedures are regulated under the International health regulation.Ships on being declared a healthy ship to can proceed to berth after getting free pratique.The declaration of a free pratique being granted by either informing the port by radio orby hoisting the Q flag.

A ship is not declared to be healthy due to any of the following reasons:

Death of persons onboard Illness on board Suffering an infectious disease Circumstances causing spread of disease Animals on board death or sickness amongst them Such occurrences occurred on board last 28 days

In such a case, the ship should inform port control 12 hrs prior arrival or 4 hrs priorE.T.A., if not possible then on arrival.

Arrival procedure (documents)

International health regulations WHO International health organisation regulates port health procedures. Most countries

implement these in national regulations. Health clearance is called a free pratique. It literally means permission to

disembark and commence cargo operations. Health clearance is required if therehas been on board during the previous 28 days any of the occurrences which themaster is required to report.

If no such occurrences are there then the Port health officer will generally givefree pratique.

Also under this regulation every ship must carry a de-ratting or de-rattingexemption certificate as appropriate.

These certificates are issued by the port health authority and are valid for 6months.A de-ratting certificate states that any ship must either be:

Periodically kept free of rodents or Periodically de-ratted


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A de-ratting certificate is issued when de-ratting is satisfactorilycompleted.

If a ship is found free of rodents then a de-ratting exemptioncertificate is issued. It will only be issued if the holds are empty orcontaining only ballast or material, which is unattractive to

rodents. Also the inspector should have free access to the holds It may be issued to a tanker while loaded.

Furthermore, a certificate of vaccination against yellow fever is the only other certificatenow required under these regulations for international travel, especially for Africancountries. Every seafarer should have this international vaccination certificate for yellowfever.

With regard to conforming to the health regulations:

Master to complete maritime declaration of health form. Master to have de-ratting or de-ratting exemption certificate.

General declaration

Name and description of ship Nationality of ship Particulars regarding registry Name of master Name and address of ships agent Brief description of the cargo Number of crew Number of passengers Brief particulars of voyage Date and time of arrival, or date of departure Port of arrival or departure. Position of the ship in port

Documents required on arrival:

5 copies of general declaration 4 copies of cargo declaration 4 copies of ships store declaration 2 copies of crews effect declaration

4 copies of the crew list 4 copies of the passengers list 1 copy of the maritime declaration of health Port clearance from Last Port Declaration of security measures as per ISPS requirements


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Cargo declaration

On arrival:

Name and nationality of the ship Name of the master Port arrived from Port where report is made Marks and numbers: number and kind of packages: quality and description of the

goods

Bill of lading numbers for cargo to be discharged at the port in question Ports at which cargo remaining on board will be discharged Original ports of shipment in respect of goods shipped on through bills of lading

On departure

Name and nationality of the ship Name of master Port of destination In respect of goods loaded at the port in question; marks and numbers; number

and kind of packages; quantity and description of the goods Bill of lading numbers for cargo loaded at the port in question Minimum essential information is required To be signed by master or agent Cargo manifest is accepted in lieu of cargo declaration provided it contains all the

details Details of the cargo in transit

Ships store declaration

Relate to ships store Signed by master

Crews effect declaration

Each crew member to signed against his effects declaration To be signed by the master Not require on departure

Crew list:

To know the number and composition of the crew on arrival and departure Name and nationality of the ship Family name Given names


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Nationality Rank or rating Date of place of birth Nature and number of identity document Port and date of arrival Arriving from.

Passengers list:

Required to know the information of passengers on arrival and departure of a ship Not required in case of short sea route or combined ship/rail service neighbouring

countries Normally the companies have their own list of passengers in place of passengers

list Not require embarkation or Disembarkation Card in addition to passengers list

provide not a danger of spread of the disease

Name and nationality of the ship Family name Given names Nationality Date of birth Place of birth Port of embarkation Port of disembarkation Port and date of arrival of the ship

Documents required under universal postal convention for mail

Not required by the public auth. Other than prescribed in universal postalconvention

Maritime declaration of health Provides information required by port health authorities relate to the state of

health on board ship during the voyage and on arrival at a port

Documents required on departure:

5 copies of general declaration 4 copies of cargo declaration 3 copies of ships store declaration 2 copies of the crew list 2 copies of the passengers list


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Customs House Procedures Various Responsibilities

Customs Administration Responsible for Collection of Revenue

TRADE OF COUNTRY HOME TRADE AND FOREIGN TRADE

HOME TRADE: Trade within a country buying and selling of goods by individual ofcountry.

FOREIGN TRADE: Trade between countries.

TWO ASPECTS OF FOREIGN TRADE: IMPORT AND EXPORT

IMPORT bringing goods from abroad to home country

EXPORT sending goods to external country

Import and export are further divided into visible and invisible items.

VISIBLE ITEMS foodstuffs, raw material etc.

INVISIBLE ITEMS: various services like earnings from shipping, air transport charges,banking and insurance charges, brokerage dues, royalties, interest on investments abroadetc.

ISPS implication to Port Clearance

With the advent of ISPS Code, the responsibility on the Master has substantiallyincreased. As part of complying with the Code on board, the Master is to send at least 96hrs notice Notice of vessels arrival (NVA) to the National vessel movement centre(NVMC). The notice is to be as per the prescribed format which should have the last 10ports called, their arrival and departure dates, Security level on board vessel etc. ThePFSO will visit the vessel to check ISPS certificate and security level prior issuance ofclearance certificate. At times the port agent may be able to obtain the clearancecertificate from the PFSO on behalf of the vessel.


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Chapter 4 Stowaways, Piracy,Smuggling and other Custom Offences


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Chapter 4 Stowaways, Piracy, Smuggling and other Custom Offences

Definition: A person who, at any port or place secretes himself in a ship without theconsent of the ship owner or master or any other person in charge of ship and who isonboard after that ship has left that port or place.

Stowaways: A View from the Bridge

The problem of stowaways is an ancient one. During more recent times stowaways havebeen regarded as an expensive nuisance primarily encountered by ships operating in thethird world. Due to rapidly changing economic and political conditions stowaways havebecome a problem to ships in all the world's trades, especially Europe's. Traditionallyperceived as a shipboard responsibility, stowaways are now seen as a problem requiringthe combined efforts of the terminals, company management, and the ship.

Companies must set up procedures and guidelines for dealing with stowaways. Also, in

each foreign port, security guards should be hired with at least one guard being fluent inEnglish. Companies should also arrange to have all empty containers checked and sealed,or opened and visually checked just prior to loading.

The ship's captain must ensure a proper gangway watch is maintained at all times. Priorto port entry all spaces not to be used during cargo operations should be locked andsealed. The crew should be instructed to be aware of anyone suspicious and to report it tothe mate or the crewman on watch. As an added precaution, the ship's master shouldconduct a complete stowaway search at the completion of cargo operations and prior toletting go.

Terminal cooperation and awareness is essential. First and foremost the terminal mustinsure that adequate port security measures are in place. One of the most helpfulmeasures a terminal can institute is to require passes for both crew and all shore sideworkers entering or leaving the terminal. In addition to controlling entry to the port,terminal personnel must minimize persons wandering, particularly in the vicinity ofempty containers and other cargo in which potential stowaways could concealthemselves. The terminal should also inform the entering ships of recent and presentstowaway problems.

Despite the best coordinated efforts of the ship, terminal, and steamship companymanagement, determined individuals will occasionally succeed in stowing away. If upon

departure form a port, you have reason to believe you have stowaways on board; cautionmust be used in locating the stowaways. As the stowaways are rounded up, take them to acentral location and isolate them and interrogate them. Once the initial information hasbeen gathered you will want to call your company and agent. The agent, working with thecompany, should make every effort to expedite the removal of the stowaways from thevessel.


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Stowaways present numerous headaches, delays, and are very expensive. The companymust bear all expenses of repatriation. Ship's officers may face termination if it is feltthey have failed to exercise due diligence. Lest anyone regard this as a trivial matter, oneAmerican flag liner company estimated the cost of handling five European stowaways tobe in the neighbourhood of $100,000 US dollars.

The Prevention and Care of Stowaways

Recent media coverage of the trials of seamen accused of brutal treatment and murder ofstowaways has brought their plight to the world's attention, but the problem has beengrowing steadily for many years. The proliferation of satellite dishes in impoverishedcountries showing the good life in America, combined with population pressure,collapsing economies, and political repression, has sparked a dramatic increase instowaway activity, and some panicky responses from shipmaster and crew.

Few people in America realize that income received from relatives in the United States

constitutes the single largest contribution to the national income of several nations,including Haiti and the Dominican Republic.

One alarming trend has been the increase in the number of stowaways on a given vessel.Traditionally the stowaway was a lonely, desperate man, but now groups--includingwomen and children-- are being found. This trend reflects the fact that stowing away on amerchant vessel is usually a group effort resulting from shared know-how, bribery,collusion, and hard work. The advance guards of the stowaways are the prostitutes,stevedores, guards, chandlers, customs official and fake-jewellery salesmen who flockonboard.

The master of a vessel trading in high-risk countries, such as Haiti, The DominicanRepublic (the worst), Colombia, or Nicaragua must hold training sessions for the officersand crew regarding non-crew members in unauthorized areas, the securing of hatches, themaintenance of effective look-outs, the use of disinformation to discourage stowaways,and proper stowaway search procedures before departure.

Other techniques for preventing or flushing out stowaways include wireless alarmssounding in the master's stateroom when certain hatches or doors are opened, the use ofSpanish-language placards warning that certain compartments contain poisonous gases,and the use of tear gas to flush out stowaways.

One aspect of the stowaway problem that has eluded the media is the reality that manystowaways are criminals in their countries, fleeing legitimate prosecution, and manyothers exhibit the violence of desperation. The vessel trading high-risk countries shouldmaintain a brig onboard to hold stowaways, and the handling of apprehended stowawaysshould be rigidly supervised and recorded.

The greatest threat from stowaways is not their physical presence, but the grievousconsequences of their presence. Fines, delays, emotional stress, and even criminal


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charges against the crew for mistreating stowaways face ship owners who do notimplement an effective plan to prevent stowaways from coming onboard and to care forthe ones that do.

Preparedness to Deal with Stowaways: Security Contingency Plans

The principle of 'building block' will be used, covering subjects individually, which whentaken as a whole, will produce a complete plan.

Specific Subject Areas:

1. INITIAL RISK ASSESSMENT - The stages and thinking involved in the conduct ofan initial detailed risk assessment

2. THE LEGAL SITUATION - Covering in outline the requirement to consider theimpact of any security measures on the local laws and the legal implications.

3. SECURITY SURVEY - The next stage is a detailed survey using the findings of theRisk Assessment as its baseline. This will include the conduct of a survey, the subjectareas covered and the preparation of a report, including conclusions andrecommendations.

4. THE PRINCIPLE OF LAYERED PROTECTIVE MEASURES - Why the principle ofbuilding layers of protection is the fundamental feature of a totally integrated system andthat this principle can equally be applied to cargo and passenger handling facilities.

5. PERIMETER PROTECTION INCLUDING DESIGNATED RESTRICTED AREAS -

Detailing the absolute requirements for the use of visible perimeter fences, boundariesand the correct designation of the areas to be protected, using control of access anddesignated Restricted Areas.

6. CONTROL OF ACCESS - Covering the need for the control of access to facilities andspecific areas and how these controls can be efficiently and sensibly implemented,without disrupting the commercial function of the vessel.

7. TECHNICAL MEASURES - The use of technical measures in support of theprotection of the vessel.

8. SECURITY PERSONNEL - The selection, recruitment, training and utilization ofpersonnel.

9. IDENTIFICATION - The identification of employees and visitors covering cargo andnon-cargo facilities.


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10. THE VESSEL SECURITY AND CONTINGENCY PLAN - A description of thecontents of a comprehensive plan covering the aspects mentioned above and incidentresponse.

How to prevent:

Tighter port security and greater vigilance by ship. By port authorities: Restrict to few people who have access to ships Steps to prevent stowaway hiding inside container. Some port uses sniffer dogs and human occupancy detector (inside container), so

no need to break container seal.

Human occupancy detector:

Is an infrared detector, which measures level of co2 in an air sample, drawn from

container, level of co2increases with occupancy?

On board:

a) Minimum or only one access to ship and effective gangway watch maintained allthe times

b) Person with identity should always be checked and unauthorized persons refusedaccess

c) Gangway to be raised during period of non used) All store rooms, mast houses, entrance to accommodation (except only one

entrance to accommodation) should be locked in accordance with fire and safety

regulationse) Cargo work if not 24 hrs, access to hold should be checked at end of eachworking periods, hatches closed, all accesses to cargo holds locked

f) Maintained deck watch all the times in port and anchorage especially stowaway isa problem

g) At port/anchorage in night:h) Well lit deck and over-side areai) Check mooring ropes and anchor cable regularly to deter stowaway to gain accessj) With reduced manning difficult to maintain 24 hrs watch, master to employ shore

watchmenk) Shore watchmen from reputed company and arranged by ships agent and P& I

correspondentl) Master to display incorrect information on sailing board


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Additional expenses for shore watchmen and human occupancy detector are notcovered by P & I club.

Charterer responsibility:

To exercise due care and diligence in preventing stowaway gaining access to v/l bymeans of secreting himself in goods or container shipped by charterer.

If stowaway is found thru container or goods, this will constitute a breach of charter, forwhich he shall be liable and holds s/o harmless and indemnify against all claims, whichmay arise and made against them.

Stowaway searches:

1. To carry out immediately prior departure2. As per company instructions3.

Subdivide v/l into several area e.g. accommodation, engine room, main deck andCargo compartments and delegate responsibility for searching area to specifiedcrew members

4. Each area should be searched systematically and simultaneously, (cargo holds,Containers, store rooms, funnel casings, chain lockers, cabins, crane cab, masthouses, e/r bilges etc.)

5. Checklist to be used for such searches6. If stowaway found, immigration authorities to be advised in order to remove from

ship7. River passage area prior disembarking pilot or if waiting for port clearance at

anchorage carry out second search

8.

Make necessary arrangements to get rid of stowaway after discovered

Log book entries:

Details of watch security arrangements at port Time, date and outcome of stowaway searches conducted by crew as per company

instructions

Discovered stowaway on board:

Follow company guidelines

Establish where more stowaway onboard Notify ship-owner and agent at next port of call Establish identity of each stowaway Establish documents stowaway has in his/her possession Humanitarian obligation to provide maintenance e.g. food, water, sleeping

accommodation, washing and toilet facility Not an easy situation onboard, as a physical danger to crew or infectious disease No matter whatever the situation to be treated humanely


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A case study shows that three stowaway found onboard and been thrownoverboard, two of them swim ashore safety and one drowned

After legal proceeding master and chief officer were given life sentences andother crew were jailed up to 20 years

If more than one stowaway - keep them separate.

Also establish following:

o Full nameo Nationalityo Postal and residential permanent or last addresso Date and place of birtho Name, date and place of birth of either or both parents or other next of kin

including their postal and residential addresso Details of any document found in stowaways possession, such as passport, CDC

or identity cardo Stowaway not be socialize and become friendly with crewo Never allow stowaway to escape in port as ship's officer(s) may be fined by

immigrationo Do not allow stowaway on worko Proper logbook entries made for the period of stay of stowaway

IMO guidelines on Stowaways

An international convention relating to stowaways was adopted in Brussels in 1957, butit has not yet entered into force and is unlikely to do so.

In recent years, however, the problem of stowaways has increased and it is generallyrecognized that there is an urgent need for international agreement on the allocation ofresponsibilities to enable the successful resolution of cases involving stowaways.

In 2000, IMO Facilitation Committee agreed at its 28th session (30 October 3November 2000) to include formalities for dealing with stowaways in the Convention onFacilitation of International Maritime Traffic (FAL Convention), and these were adoptedin January 2002, with entry into force expected to be on 1 May 2003.

The FAL Convention - which was adopted in 1965 to prevent unnecessary delays in

maritime traffic, to aid co-operation between Governments, and to secure the highestpracticable degree of uniformity in formalities and other procedures.

Amendments to the FAL Convention to incorporate standards and recommendedpractices on dealing with stowaways were adopted in January 2002, with expected entryinto force in 2003.


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In the FAL Convention, standards are internationally agreed measures, which are"necessary and practicable in order to facilitate international maritime traffic" andrecommended practices as measures the application of which is "desirable".

The standards and recommended practices for stowaways reflect the Guidelines on the

Allocation of Responsibilities to Seek the Successful Resolution of Stowaway Cases(Resolution A.871 (20)), adopted in 1997, which established basic principles to beapplied in dealing with stowaways.The guidelines in the resolution state that the resolution of stowaway cases is difficultbecause of different national legislation in the various countries involved. Nevertheless,some basic principles can be applied generally.

Stowaways entering a country without the required documents are, in general, illegalimmigrants, and decisions on how to deal with such situations are the prerogative of thecountries concerned. Stowaway asylum seekers should be treated in compliance withinternational protection principles set out in relevant treaties.

The guidelines advocate close co-operation between ship-owners and port authorities.Where national legislation permits, national authorities should consider prosecutingstowaways concerning any damage caused. Countries should permit the return ofstowaways who are identified as being their citizens or who have a right of residence,while the country where a stowaway originally embarked should normally accept his orher return pending final case disposition.

The guidelines say that every effort should be made to avoid situations where a stowawayhas to be detained on board a ship indefinitely.

The guidelines then go on to establish in greater detail the responsibilities of the master,of the ship-owner or operator, of the country of the first scheduled port of call after thediscovery of the stowaway (the port of disembarkation), of the country where thestowaway first boarded the ship, of the stowaway's apparent or claimed country ofnationality, of the flag State of the vessel, and of any countries of transit duringrepatriation.

The Assembly resolution refers to the difficulties encountered by masters and owners indisembarking stowaways from ships. It emphasizes the need for co-operation and statesthat "in normal circumstances, through such co-operation stowaways should, as soon aspracticable, be removed from the ship and returned to the country of nationality-

citizenship or to the port of embarkation, or to any other country which would accept thestowaway."

The resolution also requested the Facilitation Committee to monitor the effectiveness ofthe Guidelines; to keep them under review; and to take such further action, including thedevelopment of a binding instrument, as may be considered necessary.


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In 1998, the Facilitation Committee issued a Circular (FAL.2/Circ.50, revised in 1999 byFAL.2/Circ.50.Rev.1) inviting IMO Member Governments and internationalorganizations in consultative status to provide the Organization with information onstowaway incidents. IMO now issues quarterly reports on stowaway incidents.

Maritime Crime: Who is affected?

There are no simple solutions to dealing with any form of crime and maritime crime is noexception. There are however a number of things that can be done to make responsesmore effective. The commercial sector has for too long been prepared to either play-downthe scale of maritime crime or to insist that it is primarily a policing issue. If, however,maritime crime is to be tackled effectively then it needs to be tackled not only by thepolice but by those with a vested interest in protecting their own assets.

But as a starting point it is necessary to document the scale of maritime crime, preciselywho is affected and in what circumstances remains a largely un-researched problem. Yet,

without understanding the problem how can it be possible to produce effective solutions?

Research findings in the past suggest that not all ship owners are at equal risk and thatdifferent types of security measures are appropriate for different types of problems. But astriking finding has been that all too often security is viewed negatively, and manysecurity ideas, which are applied, to vessels have failed to take account or havemisunderstood altogether the culture of the maritime community.

Maritime crime must be researched, analysed, solutions identified, packaged,implemented and evaluated if a response is to be effective. What is required is anapproach that combines both research and application.

Maritime Security - A Joint Responsibility

Threats to Shipping from Illicit Boarding

Terrorism and Hijacking for political reasons Piracy / Armed Robbery Drug Trafficking and other smuggling offences Petty theft and opportunity crime Stowaways and Illegal Immigrants

Common Solution

Restrict / control access to the port / cargo / vessel

How?

Maritime carriers on their own can only do so much. Port authorities are involved.Governments are involved.


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What can Maritime Carriers Do?

Contingency planning Allocation of security responsibility - operator / vessel Awareness of threats Give guidance - (e.g.: industry guides on drugs and piracy - company guidance)

What can Ports Do?

Increase port security and not rely solely on the vessel protecting its perimeterWhat can Governments Do?

Terrorism and Hijacking for political reasons - Acknowledgement andpromulgation of threat, increase port security where there is a threat

Piracy / Armed robbery - increase port security, reporting and responsearrangements, determined action to eradicate the problem nationally,acknowledgement of the problem through IMO, awareness of the issue in fightingnavies, cooperative arrangements with littoral states when navy vessels transithigh threat areas in either international or territorial waters

Drug Trafficking and other smuggling offences - enter into cooperativearrangements with port users, including shipping companies, through theMemoranda of Understanding arrangements promulgated by the World CustomsOrganization, improve reporting arrangements, issue guidance and contact pointsfor ship masters

Petty Theft and other opportunity crime - acknowledgement of the threat,increased port security afloat, encourage reporting, provide guidance and

information Stowaways and Illegal Immigrants - in respect of stowaways - reference to IMO

Guidelines, reporting systems

National/Regional/International Action from Governments

Identification of common concernsCooperative actions through bilateral, multilateral actions and/or InternationalConventions on issues where appropriate. Flag state information and guidance provision

Other Threats

Embargo operations - need for information and realistic requirements, seek cooperationAttacks from armed forces on innocent merchant vessels

ConclusionsGovernments could do a lot

ari asm handout

Documents

indian merchant shipping

british shipping

indian merchant shipping

merchant shipping actand

indianmerchant shipping

development ofindian

shipping practiceand

control of indianshipping