DIRECTOR GENERAL OF SHIPPING

Ms. Kiran Dhingra

Director General of Shipping &

Ex.Officio Addl. Secretary to the Govt. of India

e-mail: kiran@dgshipping.com

Tel Nos. 22613156/22673827/ 22700227

Fax No. 22613156

I.A.S., 1975 (AGMU:75)

Date of Joining: D.G. Service 17th April, 2006

Administrative framework Under the constitution, Merchant shipping is a Central subject and is being dealt with
by the Ministry of Surface Transport of the Government of India. The following subjects pertaining to Shipping and
Ports, which fall within the List I of the VII Schedule to the Constitution, have inter alia been entrusted to it:

1. Maritime Shipping and Navigation, provision of education and training of the Mercantile Marine.
2. Light-houses and Light-ships.
3. Major Ports.
4. Shipping and Navigation.
5. Shipbuilding (Public Sector).

The Ministry of Surface Transport is in-charge of the Ministry. The Secretariat of the Ministry is headed by a
Secretary. The Secretary, in the matters relating to the shipping, is assisted by a Shipping Wing in the Ministry headed
by a Joint Secretary who in turn assisted by Director (Mercantile Marine,) Deputy Secretary, Under Secretaries and
Section Officers of the wing.

The subjects, the Directorate General of Shipping is required to deal with, are briefly listed below: -
(i) Matters affecting Merchant Shipping and navigation and administration of the Merchant Shipping Laws.
(ii) Measures to ensure safety of life and ships at sea.
(iii) Development of Indian shipping.
(iv) International convention relating to marine matters.
(v) Provision of facilities for training to officers and ratings for the merchant navy.
(vi) Regulation of employment of' Seamen, and Welfare of Seamen.
(vii) Development of Sailing Vessels Industry.
(viii) Development of Coastal Shipping.

MERCANTILE MARINE DEPARTMENTS

As had been stated elsewhere, the coast of India has been divided into three Mercantile Marine Districts for
implementation of the provisions of Merchant Shipping Act. The three districts are Mumbai, Madras and
Calcutta. The above districts are headed by the Principal Officers and assisted by Engineer and Ship
Surveyors, Nautical Surveyors, Ship Surveyors and Radio Inspectors.

Following are the main functions of each Mercantile Marine Department: -

(1). Registration of ships: - The Principal Officer, Mercantile Marine Department is also a Registrar of Indian
ships. The matters relating to the registration of ships have been dealt with separately.
 (2).Safety Of Life at Sea: - Certification of ships is done by issue of the following statutory certificates:
(a). Safety Equipment Certificate.
(b). S.R.T. Certificate.
(c). Safcon Certificate.
(d). I.O.P.P. Certificate.
(e). Load Line Certificate.
(3). Inspection under Port State Control.

(4). General Inspection of Indian Registered Ships. This inspection is being done by the surveyor of
Mercantile Marine Department to ensure that the condition under which various statutory certificates were
granted are maintained. In case of any defects with respect to her hull or machinery or in proper loading, etc.,
vessels are detained if required as per the provisions of Section 336 of M. S. Act.

(5). Industrial Surveys are carried out with respect to Life Saving Appliance, Fire Fighting Appliances and
Machinery Items. Prototype approval inspections are also being carried out to the above mentioned items by
the surveyor of the Mercantile Marine Department.

(6). Miscellaneous Inspections: Inspection of ship for measurement of tonnage is being done by the surveyor
of the department under registration.

Inspection of ships with respect to compliance of M. S. Crew Accommodation regulations.

Inspection of carriage of grain in bulk in compliance of M. S. (Carriage of grains) rules, 1974.

Inspection and approval of stowage plan of the ships loading dangerous goods as per I.M.O regulations.

(7). Examinations are being conducted as per Masters and Mates Examination Rules and Engineer's
Examination Rules.

(8). The vessels registered under the Inland Vessels Act are surveyed by the Surveyor of the Mercantile
Marine Department as per the relevant law. Similarly the Examination and Certification of floating staff of
the inland vessels is done by the Mercantile Marine Department.

(9). Investigations and Inquiry are being done by the Surveyor of the department in case of any Shipping
Casualty to Indian registered ships or any foreign ships if in Indian water is being conducted as per M. S. Act.

(10). Scrutiny and approval of Life Saving Appliances, Light & Sound signal appliances and Fire Fighting
Appliances Plans are approved by Mercantile Marine Department, Mumbai.

(11). Co-ordination with N.C.S.O (Naval Control of Shipping Office) & various other authorities for search
and rescue operation of ships around Indian Coast.

MERCANTILE MARINE DEPARTMENT, MUMBAI

The Mercantile Marine Department, Mumbai was set up in 1929 to implement the first SOLAS
Convention and Load Line Conventions. This Department was working directly under the Ministry till
the establishment of the Directorate General of Shipping at Mumbai in 1949.

The main objectives of MMDs are to administer the various Merchant Shipping Laws and rules
relating to safety of ships and life at sea,

registration of ships,

tonnage measurement,
crew accommodation,

surveys for load line ,

safety construction,

prevention of pollution ,

inquiries into shipping casualties and wrecks ,

surveys of passenger ships ,

radio equipments onboard,

inspection and approval of statutory equipments for life saving and fire fighting appliances ,

wireless telegraphy,

Global Maritime Distress and Safety Systems,

navigational aids, pollution prevention equipments,

supervision of repairs and construction of ships on behalf of State and Central Govt. Organizations,

Port State Control inspection ,

examination and certification of various grades of Certificates of competency under MS Act and I.V.
Act etc.

For further details contact :

Shri. Amitava Banerjee, Principal Officer (I/C).

Mercantile Marine Department
Old CGO Building, M.K. Road,
Mumbai-400 020
Tel No: 022-2203 9881/ 2203 9883/9981/9781
Fax No: 022-2201 3307
e-mail: mmdmumbai@vsnl.com
mumbai@mmd.gov.in

INDIAN COAST GUARD

Coast Guard is a force that enforces a nation's maritime laws and assists vessels wrecked or in distress on or near its
coasts. Such forces originated during the early 19th century as a restraint on smuggling. Nearly all coastal countries have
some form of coast guard. Among the best known are the U.S. Coast Guard, the Coastguard Service in Britain, the Canadian
Coast Guard, and the Japanese Maritime Service Agency. All are under the supervision of their respective governments. In
several European countries, coast guard duties are performed by volunteer lifeboat associations.

Indian Coast Guards History

Emergence of the Coast Guard in India on 01 Feb 1978 as a new service was the result of an awareness that had
been growing for some time in the Government for the requirement to enforce National Laws in the waters under national
jurisdiction and ensure safety of life and property at sea. It was also considered desirable that these law enforcement
responsibilities should be undertaken by a service suitably equipped and modeled on the Coast Guards of advanced nations
like USA, UK etc leaving the Navy to exercise the fleet for its wartime role.

A committee was, therefore, constituted in Sep 74, with Mr. KF Rustamji as its chairman. To study the problem of
seaborne smuggling and the question of setting up a Coast Guard type of organization. This committee recommended the
setting up of a Coast Guard Service patterned on the Navy for general superintendence and policing of our seas in peace time
under administrative cover of the Ministry of Defense. The Maritime Zones of India Act was passed on 25 Aug. 76. Under
this Act, India claimed 2.8 million sq km of sea area in which she has the exclusive rights for exploration and exploitation of
resources, both living and non-living at sea. Following this a Cabinet decision was taken by which an interim Coast Guard
Organization came into being on 01 Feb. 77. The Coast Guard in its present shape was formally inaugurated on 18 Aug. 78
as an independent armed force of the union with the enactment of the Coast Guard Act 1978 by the Parliament

The Indian Coast Guard was formed to respond to smuggling and poaching by foreign vessels, as well as to
contribute to marine pollution control, performing the same border control functions for the Navy as the Border Security
Force does for the Army. With a total manpower of around 5000, it has 42 ships, 13 aircrafts and 9 helicopters. It has three
Regional Headquarters: Bombay, Madras and Port Blair, ten other stations which are called Coast Guard District
Headquarters.
The duties and functions of the Indian Coast Guard are:
1. Providing protection to the fishermen including assistance to them at sea while in distress
One of the primary duties of Indian Coast Guard is providing assistance to fishermen in distress at sea. Indian Coast
Guard ships have provide assistance to dhows and fishing trawlers which were stranded at sea due uncontrollable flooding or
machinery problems and towed them to safe ports. Coast Guard ships also ensure that the fishing trawlers do not cross over
International Boundary Line (IBL) and remain in Indian waters.

2. Safety and protection of offshore installations and artificial Islands

Indian Coast Guard ensures round the clock security and protection of all the national assets at sea.
1. Protection of offshore oil rigs
2. Protection of offshore installations

3. Preservation and protection of marine environment - Anti poaching operations

Mechanized trawlers/fishing boats of countries like Bangladesh, Pakistan, Sri Lanka, Myanmar, Indonesia,
Malaysia, Taiwan etc, enter Indias EEZ coastal waters in search of marine life of high commercial value like yellow finned
tunas, pomfrets, shark, sea cucumbers and shrimps. The Indian Coast Guard uses its patrol vessels and aircraft to actively
engage in surveillance and law enforcement operations to circumvent illegal operations by the foreign vessels operating in
Indias Exclusive Economic Zone.

4. Prevention and control of marine pollution

Indian Coast Guard endeavors to protect the marine environment by heightening awareness, surveying and enforcing
laws pertaining to marine pollution in waters surrounding India. Indian Coast Guard ensures that vessels do not pollute and
also endeavors to preserve our marine environment by carrying out survey and investigating marine pollution incidents and
also bring awareness of marine environment protection. In order to respond to maritime disasters such as large scale oil spills
from tankers or fire on board vessels, the Coast Guard Stations are equipped with materials for disaster prevention such as oil
recovery devices and oil fences in far flung locations nationwide and remains in a constant state of preparedness.

RESPONSE ARRANGEMENTS
Indian Coast Guard is the designated national authority for oil spill response in Indian waters under the National Oil
Spill-Disaster Contingency Plan (NOS-DCP). Under the Plan, responsibility for coordinating a response is vested in the
regional commanders for their area and jurisdiction. There are three response centers - in Mumbai, Chennai and Port Blair
reach with qualified personnel and a well stocked inventory of response equipment. Limited capabilities exist with the Coast
Guard at Kochi and Vadinar on the west coast. Oil handling facilities and offshore installations would be expected to handle
Tier-I incidents and respond to spills in their designated area. However, the Coast Guard can take over the operation, if the
spill were beyond the capability of the facility concerned or where the response capability has not been developed. The Coast
Guard would coordinate with various resource agencies during a response, as laid out in the NOS-DCP. The three regions
have individual contingency plans to deal with spills in their area. The NOS-DCP is regularly updated. Beach and shoreline
clean up is allocated to the pollution control boards of respective coastal states and the port authorities in port areas. The
Coast Guard would provide assistance as required.

RESPONSE POLICY
The preferred response policy is mechanical recovery. The Coast Guard insists on prior approval for the use of
dispersants. The eco-sensitivity of the areas is normally taken into consideration before dispersant use can be authorized. It is
desirable that the dispersants are tested and certified by the National Institute of Oceanography, Goa for use in Indian waters.
National guidelines for the use of dispersants are being prepared by the Coast Guard. Bioremediation and in-situ burning
arrangements are in their initial states.

EQUIPMENT
Government
The Coast Guard inventory consists of containment, recovery and dispersant equipment of different capacities,
including both aerial and vessel-based systems. Some port facilities and oil companies have also developed limited
capabilities for oil spill response. The Coast Guard aims for all ports, facilities and offshore installations to have a Tier 1
response capability.
Private
The Oil and Natural Gas Corporation (ONGC) has a stock of booms and dispersant at Bombay and several supply vessels
equipped with ship-board spray systems/boom and skimmer for offshore response to spills from their oil fields off the coast
of Bombay.

REGIONAL AND BILATERAL AGREEMENT

Regional Contingency Plan sponsored by the United Nations Environment Programme (UNEP) under the UN Clean
Seas Programme is near finalization. The countries that would be covered by the agreement are India, Sri Lanka, Maldives,
Bangladesh, and Pakistan. The Plan envisages mutual cross border assistance and movement of equipment and personnel for
response to an oil spill.

IMPLEMENTATION OF OPRC CONVENTION IN INDIA

1. After the adoption of the OPRC convention by the IMO in 1990 with final Act and ten resolutions and promulgation of the
Convention in 1995, India became one of the few countries that readily accepted the Convention. Immediately India started
working on its provisions for compliance, and promulgated its national contingency plan on oil spill response.

2. The Indian Coast Guard is the national authority under the National Oil Spill Disaster Contingency Plan (NOS-DCP) for
coordination of response to oil spills in Indian waters. The maritime zones of India are divided into three regions: West, East,
and Andaman & Nicobar. These regions are further divided into 11 districts. The regional commanders are responsible for
combating oil spills in their respective areas of responsibility under the Regional Oil Spill Disaster Contingency Plans (ROS-
DCP). There are three-response centers - one in each region with qualified response personnel and well-stocked inventory of
response equipment. Oil companies, ports, and oil platforms are to formulate their own local contingency plans and should be
able respond to oils spills with in their designated areas. The Coast Guard handles oil spills directly in the rest of the maritime
zones. There are various resource agencies under the NOS-DCP, with which the Coast Guard will co-ordinate in case of an
oil spill.

3. The NOS-DCP prepared by India contains information regarding oil pollution reporting procedures. It also contains actions
to be taken by various parties on receipt of oil pollution reports. Limited research in the field of oil spill management is
carried out in India in national laboratories. The Indian Coast Guard, after the promulgation of the NOS-DCP, is conducting
various training programmes for oil industry, ports, and other agencies on oil spill response free of cost. These training
programmes are on the lines of the IMO pollution response training programme level 1 and 2.

5. Assisting Customs and other authorities in anti-smuggling operations

To maintain security and ensure safety in Indias territorial waters, the Indian Coast Guard engages in surveillance
and law enforcement operations against foreign vessels operating illegally or entering Indias territorial seas without due
reason. It takes necessary measures by expelling ships engaging in illegal activities from Indian waters after issuing a
warning or by arresting the offenders. Indian Coast Guard has apprehended several merchant vessels, dhows, fishing boats
and speed boats engaged in illegal trade of gold, silver, drugs, arms and ammunition. These apprehended vessels are brought
to Indian ports and handed over to concerned authorities. Indian Coast Guard has maintained constant vigilance at sea and
assisted other authorities in apprehending vessels involved in smuggling of illegal goods.
6. Enforcement of maritime laws
Indian Coast Guard responds to crimes encroaching upon us from overseas by employing a system of thorough
surveillance and law enforcement. Maritime crimes are becoming increasingly globalized and ingenious. Consequently, a
system of thorough surveillance and enforcement at sea is essential to maintain peace, order and security in India. Indian
Coast Guard does all it can to maintain law and order in Indias territorial seas by intercepting crimes at sea, such as exposing
the smuggling of goods and people, cracking down on vessels operating illegally, promoting strict law enforcement and being
prepared for suspicious vessels and terrorist activities. In order to maintain order, security and safety in India, Indian Coast
Guard endeavors to enforce maritime laws of India against any crime committed in its maritime jurisdiction. Coast Guard
ships and aircraft conduct regular operations for strict enforcement of laws. The offenders are dealt strictly as per laws of the
Union. Recent spurt in terrorist activities around the globe has necessitated the Indian Coast Guard to address the issue of
terrorism by strengthening security measures at priority facilities. In addition, there have been incidents in surrounding waters
such as Indian fishing vessels being shot and seized by neighboring countries. In response to this situation, Indian Coast
Guard deploys patrols to engage in guidance and surveillance as preventive measure against future trouble.

7. Safety of life and property at sea

Indian Coast Guard ensures the safety of men, vessels and materials deployed at sea round the clock. Indian Coast Guard
makes full use of search and rescue techniques, its skills and knowledge and the mobility of its helicopters etc. towards
assistance to marine fraternity while at sea, evacuating injured and sick mariners, eliminating deaths and incidents of missing
people resulting from marine distress. Indian Coast Guard also provides emergency medical treatment in the event of an
injury or illness at sea by transporting doctors to the scene by patrol vessel or aircraft.

8. Search and Rescue

Under Regulation 15 of Chapter 5 of the International Convention for Safety of Life at Sea, the Govt. of India has an
obligation to ensure that necessary arrangements are made for the rescue of persons in distress at sea. When a Ship or an
aircraft is in distress around the coast of India, assistance may be given not only by ship in the vicinity but by also the
following authorities:
a. Coast Radio Stations operated by the Department of Telecommunication and the port Radio Stations operated by the
concerned port authorities maintaining listening watch on distress frequencies.
b. Mercantile Marine Department
c. Indian Navy
d. Indian Air Force
e. Air Traffic Control Centers
f. Indian Coast Guard
When a Radio Signal is received on a distress frequency it is transmitted to ships at seas and various authorities
including the nearest naval authority and the Indian Coast Guard to initiate and co-ordinate the research and rescue
operations. Radio distress calls and distress traffic have absolute priority over other maritime traffic. During distress
communication no transmission is allowed from any ship or coast Radio Station which may interfere with the search and
rescue operations. The details of the search and rescue procedures are contained in detail in Indian Notice No. 7 of Notices to
Maritime special Edition 1994.
The Indian Coast Guard is the National Maritime Search and Rescue Co-ordinating Authority (NMSARCA) for
Search and Rescue (SAR) in the Indian search and rescue region. Director General Coast Guard is the chairman of the
national SAR Board. The Indian Coast Guard has well organized Maritime Rescue Co-ordination Centers (MRCCs) at
Mumbai on the west coast, Chennai on the east coast and at Port Blair for A&N islands besides 9 national rescue sub-centers
located all along the coastline with adequate resources at their disposal. Indian Coast Guard is available twenty four hours
with its patrol vessels and aircraft to respond to distress and other problems occurring at sea. Vessels and aircraft equipped
with modern equipment and highly trained crew are dispatched to respond to maritime accidents requiring specialized
techniques. Under NMSARCA the Indian Search and Rescue Region of India is divided into three SAR areas with MRCC's
located at Mumbai , Chennai and Port Blair with sub centers (MRSC ) at Porbandar , Goa, New Mangalore, Mumbai and
Kochi in the west, Vizag, Paradip and Haldia in the East and Diglipur, Campbell bay in Andaman and Nicobar.

9. Collection of scientific data

Indian Coast Guard provides all out assistance to all the departments engaged in research for collecting
oceanographic data and other information.

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4. Global warming
The progressive gradual rise of the earth's surface temperature thought to be caused by the greenhouse effect and responsible
for changes in global climate patterns. An increase in the near surface temperature of the Earth. Global warming has occurred
in the distant past as the result of natural influences, but the term is most often used to refer to the warming predicted to occur
as a result of increased emissions of greenhouse gases.

6. Greenhouse effect
the effect produced as greenhouse gases allow incoming solar radiation to pass through the Earth's atmosphere, but prevent
part of the outgoing infrared radiation from the Earth's surface and lower atmosphere from escaping into outer space. This
process occurs naturally and has kept the Earth's temperature about 59 degrees F warmer than it would otherwise be. Current
life on Earth could not be sustained without the natural greenhouse effect.

7. Greenhouse gases
Any gas that absorbs infrared radiation in the atmosphere. Greenhouse gases include water vapor, carbon dioxide, methane,
nitrous oxide, halogenated fluorocarbons (HCFCs), ozone, perfluorinated carbons (PFCs), and hydro fluorocarbons (HFCs).

M S ACT

MERCHANT SHIPPING ACT 1958

PART I PART II PART III
Preliminary National Shipping Board General Administration

PART IV PART V
PART VI
Shipping Development Fund Registration Of Indian Ships
Certificates Of Officers
PART VIII
 PART VIA
Obligation of certain Certificate PART VII
Passenger Ships
Holder To Serve Government Or Seamen And Apprentices
In Indian Ships
PART X
PART IX
PART IXA Collisions, Accidents At Sea &
Safety
Nuclear Ships Liability
PART XA PART XB PART XIA
Limitation Of Liability Civil Liability For Oil Pollution Prevention And Containment
Damage Of Pollution Of The Sea BY OIL
PART XIV
PART XII Control Or Indian Ships And
PART XIII
Investigations And Inquiries Ships Engaged In Coasting
Wreck And Salvage
Trade
PART XV PART XVA PART XVI
Sailing Vessels Fishing Boats Penalties And Procedure
PART XVIII
PART XVII
Repeals And Savings
Miscellaneous

Merchant Shipping
Merchant Shipping
(Amendment) Act, 2002
(Amendment) Act, 2003

Privilege of registry.

M.S. act definition.

Causality
As per MS act 1958 Chapter XII, Investigation and Enquiries Section 358

Shipping casualties and report thereof. - (1) for the purposes of investigations and inquires under this part, a shipping
casualty shall be deemed to occur when

(a) On or near the coasts of India, any ship is lost, abandoned, stranded or materially damaged;

(b) On or near the coasts of India, and ship because loss or material damage to any other ship;

(c) Any loss of life ensues by reason of any casualty happening to or on board any ship on or near the coasts of India;

(d) In any place, any such loss, Abandonment, stranding. Material damage or casualty as above mention occurs to or on board
any Indian ship, and any competent witness thereof is found in India;

(e) Any India ship is lost or is supposed to have been lost. Any evidence is obtainable in India as to the circumstances under
which she proceeded to sea or was last heard of-

Arrest and detentiondifference.

What is MS act? Why is act required? Without act whatll happen?

Purpose of MS acts
Immediately after the independence to suit the requirements of a maritime country like India, the Merchant Shipping Act,
1958 was passed by the Indian Parliament.

This Act had made good the main deficiency in the earlier laws that they did not provide for registration of what may be
termed as Indian Ships.
Certain enabling provisions were also incorporated in the Act to accelerate the pace of development of shipping in the post
independence period.

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, National Shipping Board, manning of ships, engagement, discharge and repatriation of
seamen and apprentices, safety of passenger and cargo ships, control of Indian ships and ships engaged in the coasting trade,
collisions, prevention and control of pollution of the sea by oil from ships, limitation of shipowners' liability, civil liability for
oil pollution damage etc.

Purpose of MS acts how it fosters development.

1. Reservation of coastal trade to national shipping
2. Setting up public sector Corporation in shipping field
3. Development of ship building/repairing industries in public sector
4. Concessions to shipping industry such as grants for developments rebate and
5. exemptions from wealth tax

1. Reservations of coastal trade to national shipping;

2. Setting up of public sector corporations in the shipping field;

3. Development of ship building /repairing industry in the public sector;

4. Introduction of bilateral shipping services;

5. Concessions to shipping industry such as grant of development rebate and exemption from wealth
tax;

6. Making available foreign credit from countries like Japan, U.K., West Germany, Belgium, Poland etc.,
for the acquisition of tonnage;

7. Enhancement of the limit of foreign participation in the shipping industry from 25% to 40%.

Why ships need to be registered.

Why registration is required.
Who are passengers, what is latest development in passenger ships.

"Passenger" means any person carried on board a ship except

(a) a person employed or engaged in any capacity on board the ship on the business of the ship;

(b) a person on board the ship either in pursuance of the obligations laid upon the master to carry shipwrecked,
distressed or other persons or by reason of any circumstances which neither the master nor the character, if any, could
have prevented or forestalled;

(c) a child under one year of age;

"Passenger ship" means a ship carrying more than twelve passengers;

(e). A passenger is every person other than:

(i). the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that
ship;
and

(ii). a child under one year of age.

MS act which is last authority to become an act.

The Rules and Regulations relate to detailed implementation of MS Act. It must remain within the general scope of
the Sections of MS Act.
The DG Shipping frames and proposes the Rules and Regulation.
The draft copy is sent to Ministry of Shipping, Road Transport and Highways for approval.
After their approval, it is sent to Ministry of Law for their approval.
After approval of Ministry of Law, it is sent for approval to a Parliamentary Board consisting of 8 members (4
from Lok Sabha and 4 from Rajya Sabha).
After approval of the Parliamentary Board, these Rules and Regulations are published in the Official Gazette.
Any breach of rule or regulation is punishable. The Rules and Regulations can be amended through the same
procedure.

Government of India (GOI):

A draft bill is framed and proposed by the concerned ministry.
After approval by Law Ministry it is sent to the Union Cabinet for approval.
Thereafter the bill is placed in both the houses of Parliament.
After both the houses of Parliament pass the bill, it is sent to the President of India for his approval and signature.
After this signature, the bill becomes an Act of Parliament and it is the Law of the country.
Amendment to an Act of Parliament has to undergo similar procedure and can only be done by the Parliament.

Protection for Indian sailors under Merchant Shipping Act

10 May 2007

any accident including the death or injury to any seafarer of any nationality on board a ship registered in foreign country while
the said vessel is on or near the coast of India can be investigated by an officer appointed under section 359 of the Merchant
Shipping Act, 1958. During the course of investigation, the vessel or its crew can be detained for the purpose of conducting the
investigation. However, if the death is due to any criminal act such as murder, the relevant provisions of the Indian Penal
Code/Criminal Penal Code would apply and the Merchant Shipping Act, 1958 does not have any provisions to address such
issues.

In cases where an Indian seafarer gets injured and dies on a foreign registered ship while the vessel is at high seas, it is the
jurisdiction of the respective flag administration to conduct investigation into the cause of such accident or criminal incident.
The Government of India, being a substantially interested state, however, has now also started participating as observer in
such investigation wherever possible. Further, whenever feasible, the Indian Embassy/High Commission officials are intimated
to investigate the matter in the first port of call in the foreign countries.

The Indian Merchant Shipping Act addresses the subject of protecting interests of Indian sailors in various sections. However,
to further strengthen the exiting provisions following additional measures have been initiated by the Directorate General of
Shipping.

(i) Recruitment and Placement Rules, 2005 have been notified to regulate various manning agents who employ Indian
Seafarers. This notification requires mandatory registration of such manning agents operating out of offices registered in India.
This has ensured that manning agents, who employ Indian seafarers on Indian as well as foreign registered vessels, are held
accountable to the welfare of such Indian seafarers.

(ii) A psychometric test has been introduced at the entry level of officers in maritime training courses, which will help in
determining his/her attitude and aptitude for the sea. It assists in taking corrective measures to mentally prepare for rigours of
a life at sea.

(iii) The Directorate General of Shipping has also mad wide publicity in leading newspapers with regard to the recruitment
through the registered Recruitment and Placement Shipping Agents for employment in marine sector.

(iv) A new course module has been formulated to sensitize the trainees with regard to rights of seafarers as laid down under
the Merchant Shipping (Recruitment and Placement) Rules, 2005 in all Pre-sea Training Institutes.
(v) The matter has also been taken up with the International Maritime Organization (IMO) with regard to consolidating the
international conventions with regard to shipping casualty and making the law stringent to bring around the non-responsible
flag state to carry out their responsibility.

(vi) MS Notice No. 5 A has been issued by the D.G.S. This notice requires mandatory reporting and plan of action to deal with
causalities involving Indian seafarers on foreign flag ships.

This information was given by the Minister of Shipping, Road Transport and Highways , Shri T.R. Baalu
in a written reply in the Rajya Sabha today.

Getting personnel

Taj Kunwar Paul and Jitheesh Thilak, of New Delhi-based Amitabha Sen & Co, examine the law affecting
maritime labour in India

INDIAS maritime sector has a prosperous future thanks to a steadily developing economy, a unique geographical
position, information and technological development and, most importantly, a huge educated workforce.

Large numbers of Indian officers and crew are employed on both Indian and foreign-flag ships. This huge
workforce is clearly vulnerable to risk and exposure to liability, which is why a great deal of time has been devoted
at both national and international level to the proper training of seafarers, and to the protection of their social and
economic needs.

Indian domestic law v international law

The United Nations Convention on the Law of Sea 1982 (UNCLOS) provides guidelines with regard to maritime
labour. It gives states the power to administer, control and regulate legal, technical and social factors affecting
their national-flag ships. It also directs states to assume jurisdiction in connection with the law relating to ships,
masters, officers and crew in respect of administrative and technical matters concerning the ship.

Under UNCLOS, states are empowered to make rules to ensure safety at sea, and regulations covering manning,
labour conditions and crew training. These measures include those necessary to ensure the recruiting of
appropriately qualified masters, officers and crew.

The principal guidelines laid down by UNCLOS are supported by 41 conventions and 29 recommendations
exclusively in respect of maritime labour standards. India has ratified the following conventions:

1. Minimum Age (Trimmers and Stokers) Convention 1921

2. Medical Examination of Young Persons (Sea) Convention 1921
3. Seamens Articles of Agreement (Sea) Convention 1926
4. Merchant Shipping (Minimum Standards) Convention 1976

The Merchant Shipping (Minimum Standards) Convention 1976 lays down minimum internationally accepted
labour standards for merchant ships. It aims to eliminate substandard vessels, to improve the efficiency and
safety of navigation, and to enhance measures to protect the marine environment and seafarers interests in
respect of health, safety, working conditions and trade union activities. India ratified this convention in 1996.

Trade unionism in the maritime industry

The right to form associations and unions is widely recognized by maritime nations and is protected by Article 19
(C) of the Constitution of India. The right to strike and lock out is also protected under Article 19 (B). In most
countries, shipowners and seafarers have organized themselves by forming associations and unions for the
purpose of balanced collective bargaining. Such is true of India, where there are a number of such organizations
and unions to ensure that collective bargaining is practiced between in regard to all issues relating to wages and
other terms and conditions of employment except those which are governed by legislation or other forms of
statutory regulations. When taking policy decisions, the government usually consults these organizations.

The main aims and objectives of the unions are to improve the working and living conditions of their members
both on board and ashore. The unions are stable organizations and representative of the large majority of Indian
seafarers. The Indian government has taken a keen interest in promoting the growth of trade unionism among
seafarers by recognizing these unions. The unions have functioned effectively in collective bargaining and, as a
result, seafarers have seen their working conditions improve. They continue to do so.

Generally, grievances and disputes are settled by negotiations between the unions and the Indian National
Shipowners Association. Unresolved disputes are referred to arbitration and tribunals appointed by the
government.

Safety and welfare provisions

India has incorporated the provisions of the International Convention on Standards of Training, Certification and
Watch-keeping for Seafarers, 1978 (STCW) by revising the examination/certification rules under the Merchant
Shipping Act 1958.

The government of India has also adopted various measures for promoting the welfare of seafarers. Section 218
of the Merchant Shipping Act provides for the constitution of a Statutory National Welfare Board for Seafarers to
advise the government on welfare measures for seamen. On the recommendation of this body, the following
major steps have been taken;

Social security schemes for seamen regarding provident fund and gratuity schemes;
Seamens Welfare Fund Society for financing welfare measures for seamen;
Hostels-cum-clubs for seamen at Mumbai, Madras, Calcutta and Cochin;
Establishment of levy on shipowners for providing a continuous source of revenue for financing
seamens welfare projects;
Free medical aid facilities and treatment to seamen.

Discipline

Part VII of the Merchant Shipping Act 1958 includes provisions with regard to discipline. These provisions deal
with misconduct on the part of the seamen such as desertions, absence without leave, neglect of duty, wilful
disobedience, smuggling and other offences, and prescribe varying fines and lengths of imprisonment for such
misconduct. An entry has to be made in the official logbook of all such offences, duly signed by the master, mate
and one of the crew.

Whenever a seaman is the subject of an adverse report by the master, his case is brought by the director of the
Seamans Employment Office before a Disciplinary Sub-Committee which consists of representatives of
shipowners, seafarers and the government. The provisions comply with the principles of natural justice, and the
seaman in question is given the opportunity to state his case in person or in writing before the sub-committee. The
director takes action on the basis of the committees recommendation, which is generally unanimous. The
seaman has the right to appeal to the director-general of shipping, who is the appellate authority in this matter.

Under the disciplinary provisions set out in the Indian Merchant Shipping Act, a master or seaman is also liable to
imprisonment and/or fines for misconduct. Additionally, under the terms of the agreement between the Maritime
Union of India and the Indian National Shipowners Association, a shipowner has the right to take disciplinary
action against any officer found guilty of misconduct. The guilty officer may be warned or censured, reduced in
seniority or demoted, deprived of his annual increment, suspended from service or discharged or dismissed from
service, depending upon the gravity of his misconduct.

Industrial injury

The liability of shipowners to pay compensation in respect of injury to or death of seafarers caused by accidents
arising out of and in the course of employment has been widely accepted. India has not ratified the ILO
convention, but statutory provision has been made in its Merchant Shipping Act under which the articles of
agreement should stipulate inter alia the compensation payable by shipowners. The periodic agreements between
Indian as well as certain foreign shipowners and seafarers unions contain explicit provisions regarding death and
disability compensation.

The legal provisions and statutory protections are intact, but the real problem lies with enforcement. Grievances
are arising mainly because of the lax implementation of existing legal principles and standards. But the legal
scenario in India is changing, with reforms in the judiciary, amendments to the civil procedure code and the new
arbitration act. The latest improvements, coupled with the internationally compatible regulatory framework in the
maritime sector, are good news for personnel employed in the sector.
Why do u need registry?

Author and publication of MS act.

SOLAS

Latest development in Solas.

May 2006 amendments LRIT

Adoption: May 2006

Entry into force: 1 January 2008

The new regulation on LRIT is included in SOLAS chapter V on Safety of Navigation, through which LRIT will be
introduced as a mandatory requirement for the following ships on international voyages: passenger ships, including ships,
including high-speed craft, of 300 gross tonnage and upwards; and mobile offshore drilling units.

The SOLAS regulation on LRIT establishes a multilateral agreement for sharing LRIT information for security and search
and rescue purposes, amongst SOLAS Contracting Governments, in order to meet the maritime security needs and other
concerns of such Governments. It maintains the right of flag States to protect information about the ships entitled to fly their
flag, where appropriate, while allowing coastal States access to information about ships navigating off their coasts. The
SOLAS regulation on LRIT does not create or affirm any new rights of States over ships beyond those existing in
international law, particularly, the United Nations Convention on the Law of the Sea (UNCLOS), nor does it alter or affect
the rights, jurisdiction, duties and obligations of States in connection with UNCLOS.

The LRIT information ships will be required to transmit include the ship's identity, location and date and time of the position.
There will be no interface between LRIT and AIS. One of the more important distinctions between LRIT and AIS,
apart from the obvious one of range, is that, whereas AIS is a broadcast system, data derived through LRIT will be
available only to the recipients who are entitled to receive such information and safeguards concerning the
confidentiality of those data have been built into the regulatory provisions. SOLAS Contracting Governments will be
entitled to receive information about ships navigating within a distance not exceeding 1000 nautical miles off their coast.

The regulation foresees a phased-in implementation schedule for ships constructed before its expected entry into force date of
1 January 2008 and an exemption for ships operating exclusively in sea area A1 from the requirement to transmit LRIT
information, since such ships are already fitted with AIS. It also identifies which authorities may have access to LRIT
information.

Also adopted were performance standards and functional requirements for LRIT and an MSC resolution on Arrangements for
the timely establishment of the long range identification and tracking system.

May 2006 amendments

Adoption: May 2006

Entry into force: 1 July 2010

Amendments to SOLAS Chapter II-2 - Fire protection

These include amendments relating to Regulation 9 - Containment of fire, so as to include a requirement for water-mist
nozzles which should be tested and approved in accordance with the guidelines approved by the Organization; and in
Regulation 15 - Arrangements for oil fuel, lubricating oil and other flammable oils, new text relating to the application of the
regulation to ships constructed on or after 1 February 1992 and on or after 1 July 1998.

Amendments to SOLAS Chapter III - Life-saving appliances and arrangements

In Regulation 7 - Personal life-saving appliances, the amendments add a new requirement for infant lifejackets. For passenger
ships on voyages of less than 24 hours, a number of infant lifejackets equal to at least 2.5% of the number of passengers on
board is to be provided; and for passenger ships on voyages of 24 hours or greater, infant lifejackets are to be provided for
each infant on board. A further amendment relates to the provision of lifejackets for larger passengers and states that, if the
adult lifejackets provided are not designed to fit persons with a chest girth of up to 1,750 mm, a sufficient number of suitable
accessories are to be available on board to allow them to be secured to such persons.

Amendments to SOLAS Chapter IV - Radiocommunications

The amendments relate to the provision of radio equipment, in Regulation 7, to require ships to carry an EPIRB capable of
transmitting a distress alert through the polar orbiting satellite service (COSPAS-SARSAT) operating in the 406 MHz band;
and, in Regulations 9 and 10, to clarify that the means of initiating ship-to-shore distress alerts may be through the Inmarsat
geostationary satellite service by a ship earth station.

Amendments to SOLAS Chapter V - Safety of navigation

The amendment adds a new paragraph to Regulation 22 - Navigation bridge visibility to allow ballast water exchange at sea,
provided that the master has determined that it is safe to do so and takes into consideration any increased blind sectors or
reduced horizontal fields of vision resulting from the operation to ensure that a proper lookout is maintained at all times. The
operation should be conducted in accordance with the ship's ballast water management plan, taking into account the
recommendations on ballast water exchange. The commencement and termination of the operation should be recorded in the
ship's record of navigational activities.

Amendments to the International Code for Fire Safety Systems (FSS Code)
The amendments replace the text of Chapter 5 Fixed gas fire-extinguishing systems with a revised text.

Amendments to the International Life-Saving Appliance Code (LSA Code)

The amendments include the requirement that all life saving appliances should withstand in stowage an air temperature range
of 30C to +65C and personal life-saving appliances should remain operational throughout an air temperature range of
-15C to +40C. The color of life-saving appliances is now specified to be "of international or vivid reddish orange, or a
comparably highly visible color on all parts where this will assist detection at sea". The existing section 2.2 on General
requirements for lifejackets is revised and replaced. Further amendments relate to specifications for immersion suits and anti-
exposure suits.

Amendments to Guidelines for the authorization of organizations acting on behalf of the Administration (Resolution
A.739(18))
The amendments to the guidelines, which are mandatory under SOLAS chapter XI-1, add a new paragraph 2-1 to require the
use of only exclusive surveyors and auditors for surveys and certification, although radio surveys may be subcontracted to
non-exclusive surveyors.

December 2006 amendments

Adoption: December 2006

Entry into force: 1 July 2008/1 July 2010

Revised passenger ship safety standards

The package of amendments to SOLAS were the result of a comprehensive review of passenger ship safety initiated in 2000
with the aim of assessing whether the current regulations were adequate, in particular for the large passenger ships now being
built.

The work in developing the new and amended regulations has based its guiding philosophy on the dual premise that the
regulatory framework should place more emphasis on the prevention of a casualty from occurring in the first place and that
future passenger ships should be designed for improved survivability so that, in the event of a casualty, persons can stay
safely on board as the ship proceeds to port.

The amendments include new concepts such as the incorporation of criteria for the casualty threshold (the amount of damage
a ship is able to withstand, according to the design basis, and still safely return to port) into SOLAS chapters II-1 and II-2.
The amendments also provide regulatory flexibility so that ship designers can meet any safety challenges the future may
bring. The amendments include:

alternative designs and arrangements;

safe areas and the essential systems to be maintained while a ship proceeds to port after a casualty, which will require
redundancy of propulsion and other essential systems;
on-board safety centers, from where safety systems can be controlled, operated and monitored;
fixed fire detection and alarm systems, including requirements for fire detectors and manually operated call points to be
capable of being remotely and individually identified;
fire prevention, including amendments aimed at enhancing the fire safety of atriums, the means of escape in case of fire
and ventilation systems; and
Time for orderly evacuation and abandonment, including requirements for the essential systems that must remain
operational in case any one main vertical zone is unserviceable due to fire.

The amendments are expected to enter into force on 1 July 2010.

Fire regulations on balconies

Amendments to SOLAS chapter II-2 and to the International Code for Fire Safety Systems (FSS Code) to strengthen the fire
protection arrangements in relation to cabin balconies on passenger vessels were developed in response to the fire aboard the
cruise ship Star Princess, while on passage between Grand Cayman and Montego Bay, Jamaica, in March 2006. The fire
began on an external balcony and spread over several decks.

The amendments to SOLAS chapter II-2 are aimed at ensuring that existing regulations 4.4 (Primary deck coverings), 5.3.1.2
(Ceilings and linings), 5.3.2 (Use of combustible materials) and 6 (Smoke generation potential and toxicity) are also applied
to cabin balconies on new passenger ships.

For existing passenger ships, relevant provisions require that furniture on cabin balconies are of restricted fire risk unless
fixed water spraying systems, fixed fire detection and fire alarm systems are fitted and that partition separating balconies be
constructed of non combustible materials, similar to the provisions for new passenger ships.

The amendments are expected to enter into force on 1 July 2008.

Prevention of accidents involving lifeboats

An amendment to SOLAS regulation III/19.3.3.4 concerns provisions for the launch of free-fall lifeboats during abandon-
ship drills. The amendment will allow, during the abandon-ship drill, for the lifeboat to either be free-fall launched with only
the required operating crew on board, or lowered into the water by means of the secondary means of launching without the
operating crew on board, and then maneuvered in the water by the operating crew. The aim is to prevent accidents with
lifeboats occurring during abandon-ship drills. The amendment is expected to enter into force on 1 July 2008.

Protective coatings
Amendments to SOLAS regulations II-1/3-2 make mandatory Performance standard for protective coatings of dedicated
seawater ballast tanks on all new ships and of double-side skin spaces of bulk carriers.

The SOLAS amendments are expected to enter into force on 1 July 2008 and the performance standard will apply to ships for
which the building contract is placed on or after 1 July 2008; or, in the absence of a building contract, the keels of which are
laid on or after 1 January 2009, or the delivery of which is on or after 1 July 2012.

Other amendments

Amendments to the FSS Code relating to fire extinguishers, specifically portable foam applicators; fixed foam fire-
extinguishing systems; fixed-pressure water-spraying and water-mist fire-extinguishing systems, fixed fire detection and
fire alarm systems for cabin balconies. Entry into force on 1 July 2008.
Amendments to the International Life-Saving Appliance Code (LSA Code), including those related to life rafts, life
boats and rescue boats, particularly in relation to stowage and release mechanisms. Entry into force on 1 July 2008.
Amendments to the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in
Bulk (IBC Code), relating to fire protection and fire extinction, and the revised chapters 17 (Summary of minimum
requirements), 18 (List of products to which the code does not apply) and 19 (Index of Products Carried in Bulk). Entry
into force on 1 January 2009.
amendments to the International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk
(IGC Code), to update the references to SOLAS regulations and to add two more chemicals to the list of products in
chapter 19 (Summary of minimum requirements). Entry into force on 1 July 2008.
amendments to the International Codes of Safety for High-Speed Craft (1994 HSC Code and the 2000 HSC Code), to
update them in line with relevant SOLAS amendments and, in the case of the 2000 HSC Code, to revise requirements
relating to testing and calculations for buoyancy, stability and subdivision. Entry into force on 1 July 2008.
amendments to the Protocol of 1988, relating to the International Convention for the Safety of Life at Sea, 1974, to
include in the Record of equipment for the relevant safety certificate an entry regarding the long-range identification and
tracking system. Entry into force on 1 July 2008.
amendments to the Protocol of 1988 relating to the International Convention on Load Lines, 1966, including
amendments of a reference in regulation 22 (Scuppers, inlets and discharges) and an amendment in regulation 39
(Minimum bow height and reserve buoyancy). Entry into force on 1 July 2008.
Amendments to the Dynamically Supported Craft (DSC) Code to update it in line with relevant amendments to SOLAS.
Will become effective on 1 July 2008.
Amendments to the Gas Carrier (GC) Code, to update it in line with certain fire safety requirements in SOLAS. Will
become effective on 1 July 2008.
amendments to the Revised recommendation on testing of life-saving appliances (resolution MSC.81(70)), including
revisions to prototype tests for lifebuoys, lifejackets, immersion suits, anti-exposure suits and thermal protective aids,
life rafts, lifeboats, rescue boats and fast rescue boats, launching and embarkation appliances, position-indicating lights
for life-saving appliances and hydrostatic release units; and revisions to production and installation tests for survival
craft, launching and stowage arrangements. The amendments will become effective on 1 July 2008.

Under which convention IGC code comes.

Ur ships hits a pipeline, whose fault is it, and who ll pay, under what convention.
Page no 133 MODULE, pg 151 p & i

Solas chapter names. What is in SOLAS chapter I?

5 deficiencies of SOLAS.

1. Structure:- The PSCOs impression of hull maintenance and the general state on deck, the condition of
such items as ladder ways, guard-rails, pipe coverings and areas of corrosion or pitting should influence the
PSCOs decision as to whether it is necessary to make the fullest possible examination of the structure with
the ship afloat. Significant areas of damage or corrosion, or pitting of plating and associated stiffening in
decks and hull affecting seaworthiness or strength to take local loads, may justify detention

The PSCO should pay particular attention to the structural integrity and seaworthiness of bulk carriers and oil
tankers and note that these ships must undergo the enhanced programme of inspection during surveys
under the provision of regulation XI/2 of SOLAS 74.

The PSCOs assessment of the safety of the structure of those ships should be based on the Survey Report File
carried on board. This file should contain reports of structural surveys, condition evaluation reports
(translated into English and endorsed by or on behalf of the Administration), thickness measurement reports
and a survey planning document.

For bulk carriers, PSCOs should inspect holds main structure for any obviously unauthorized repairs.

2. Machinery spaces:- The PSCO should assess the condition of the machinery and of the electrical
installations such that they are capable of providing sufficient continuous power for propulsion and for
auxiliary services.

During inspection of the machinery spaces, the PSCO should form an impression of the standard of maintenance.
Frayed or disconnected quick- closing valve wires, disconnected or inoperative extended control rods or
machinery trip mechanisms, missing valve hand wheels, evidence of chronic steam, water and oil leaks, dirty
tank tops and bilges or extensive corrosion of machinery foundations are pointers to an unsatisfactory
organization of the systems maintenance.

A large number of temporary repairs, including pipe clips or cement boxes, will indicate reluctance to make
permanent repairs

While it is not possible to determine the condition of the machinery without performance trials, general deficiencies,
such as leaking pump glands, dirty water gauge glasses, inoperable pressure gauges, rusted relief valves,
inoperative or disconnected safety or control devices, evidence of repeated operation of diesel engine
scavenge belt or crankcase relief valves, malfunctioning or inoperative automatic equipment and alarm
systems, and leaking boiler casings or uptakes, would warrant inspection of the engine room log book and
investigation into the record of machinery failures and accidents and a request for running tests of
machinery.

If evidence of neglect becomes evident, the PSCO should extend the scope of an investigation to include, for
example, tests on the main and auxiliary steering gear arrangements, over speed trips, circuit breakers,

Emergency escape routes

Life-saving appliances:- The effectiveness of life-saving appliances depends heavily on good
maintenance by the crew and their use in regular drills. The lapse of time since the last survey for a Safety
Equipment Certificate can be a significant factor in the degree of deterioration of equipment if it has not been
subject to regular inspection by the crew. Apart from failure to carry equipment required by a convention or
obvious defects such as holed lifeboats, the PSCO should look for signs of disuse of, or obstructions to,
survival craft launching equipment which may include paint accumulation, seizing of pivot points, absence
of greasing, condition of blocks and falls and improper lashing or stowing of deck cargo.

Fire safety: - Ships in general: The poor condition of fire and wash deck lines and hydrants and the possible
absence of fire hoses and extinguishers in accommodation spaces might be a guide to a need for a close
inspection of all fire safety equipment. In addition to compliance with convention requirements, the PSCO
should look for evidence of a higher than normal fire risk; this might be brought about by a poor standard of
cleanliness in the machinery space, which together with significant deficiencies of fixed or portable fire-
extinguishing equipment could lead to a judgment of the ship being substandard.

fire doors are not readily operable

escape routes

Cargo Ship Safety Radio Certificates

The validity of the Cargo Ship Safety Radio Certificates and associated Record of Equipment (Form R) may be accepted as
proof of the provision and effectiveness of its associated equipment, but the PSCO should ensure that appropriate certificated
personnel are carried for its operation and for listening periods. Requirements for maintenance of radio equipment are
contained in SOLAS regulation IV/15. The radio log or radio records should be examined. Where considered necessary,
operational checks may be carried out.

MARPOL

What is Reg 13G, what is it now.

What area latest amendments in MARPOL

The 2004 (October) Amendments (Adoption: 15 October 2004; Entry into force: 1 January 2007)
Revised MARPOL Annex I (oil)
The revised MARPOL Annex I Regulations for the prevention of pollution by oil incorporates the various
amendments adopted since MARPOL entered into force in 1983, including the amended regulation 13G (regulation 20 in the
revised annex) and regulation 13H (regulation 21 in the revised annex) on the phasing-in of double hull requirements for oil
tankers. It also separates, in different chapters, the construction and equipment provisions from the operational requirements
and makes clear the distinctions between the requirements for new ships and those for existing ships. The revision provides a
more user-friendly, simplified Annex I.
New requirements in the revised Annex I include the following:
Regulation 22 Pump-room bottom protection: on oil tankers of 5,000 tonnes deadweight and above constructed on
or after 1 January 2007, the pump-room shall be provided with a double bottom.
Regulation 23 Accidental oil outflow performance - applicable to oil tankers delivered on or after [date of entry into
force of revised Annex I plus 36 months] 1 January 2010; construction requirements to provide adequate protection
against oil pollution in the event of stranding or collision.
Oman Sea - new special area under MARPOL Annex I
The Oman Sea area of the Arabian Seas is designated as a special area in the revised Annex I. The other special
areas in Annex I are: Mediterranean Sea area; Baltic Sea area; Black Sea area; Red Sea area; "Gulfs" area; Gulf of Aden area;
Antarctic area; and North West European Waters. In the special areas, there are stricter controls on discharge of oily wastes.
Revised MARPOL Annex II (noxious liquid substances carried in bulk)
The revised Annex II Regulations for the control of pollution by noxious liquid substances in bulk includes a new
four-category categorization system for noxious and liquid substances. The revised annex is expected to enter into force on 1
January 2007.
The new categories are:
Category X: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting
operations, are deemed to present a major hazard to either marine resources or human health and, therefore, justify
the prohibition of the discharge into the marine environment;
Category Y: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting
operations, are deemed to present a hazard to either marine resources or human health or cause harm to amenities or
other legitimate uses of the sea and therefore justify a limitation on the quality and quantity of the discharge into the
marine environment;
Category Z: Noxious Liquid Substances which, if discharged into the sea from tank cleaning or deballasting
operations, are deemed to present a minor hazard to either marine resources or human health and therefore justify
less stringent restrictions on the quality and quantity of the discharge into the marine environment; and
 Other Substances: substances which have been evaluated and found to fall outside Category X, Y or Z because they
are considered to present no harm to marine resources, human health, amenities or other legitimate uses of the sea
when discharged into the sea from tank cleaning of deballasting operations. The discharge of bilge or ballast water
or other residues or mixtures containing these substances are not subject to any requirements of MARPOL Annex II.
The revised annex includes a number of other significant changes. Improvements in ship technology, such as efficient
stripping techniques, has made possible significantly lower permitted discharge levels of certain products which have been
incorporated into Annex II. For ships constructed on or after 1 January 2007 the maximum permitted residue in the tank and
its associated piping left after discharge will be set at a maximum of 75 liters for products in categories X, Y and Z -
compared with previous limits which set a maximum of 100 or 300 liters, depending on the product category.
Alongside the revision of Annex II, the marine pollution hazards of thousands of chemicals have been evaluated by the
Evaluation of Hazardous Substances Working Group, giving a resultant GESAMP2 Hazard Profile which indexes the
substance according to its bio-accumulation; bio-degradation; acute toxicity; chronic toxicity; long-term health effects; and
effects on marine wildlife and on benthic habitats.
As a result of the hazard evaluation process and the new categorization system, vegetable oils which were previously
categorized as being unrestricted will now be required to be carried in chemical tankers. The revised Annex includes, under
regulation 4 Exemptions, provision for the Administration to exempt ships certified to carry individually identified vegetable
oils, subject to certain provisions relating to the location of the cargo tanks carrying the identified vegetable oil.
Transport of vegetable oils
An MEPC resolution on Guidelines for the transport of vegetable oils in deep tanks or in independent tanks
specially designed for the carriage of such vegetable oils on board dry cargo ships allows general dry cargo ships that are
currently certified to carry vegetable oil in bulk to continue to carry these vegetable oils on specific trades. The guidelines
also take effect on 1 January 2007.
Consequential amendments to the IBC Code
Consequential amendments to the International Bulk Chemical Code (IBC Code) were also adopted at the session,
reflecting the changes to MARPOL Annex II. The amendments incorporate revisions to the categorization of certain products
relating to their properties as potential marine pollutants as well as revisions to ship type and carriage requirements following
their evaluation by the Evaluation of Hazardous Substances Working Group.
Ships constructed after 1986 carrying substances identified in chapter 17 of the IBC Code must follow the
requirements for design, construction, equipment and operation of ships contained in the Code.
24. The 2005 Amendments (Adoption: 22 July 2005; Entry into force: 21 November 2006)
The amendments to the Regulations for the Prevention of Air Pollution from Ships in Annex VI include the
establishment of the North Sea SOx Emission Control Area (SECA). The NOx Technical Code was also updated.

The 2005 Amendments

Adoption: 22 July 2005
Entry into force: 21 November 2006

the amendments to the Regulations for the Prevention of Air Pollution from Ships in Annex VI include the establishment of
the North Sea SOx Emission Control Area (SECA).

The NOx Technical Code was also updated.

The 2006 Amendments

Adoption: March 2006
Entry into force: 1 August 2007

MARPOL regulation on oil fuel tank protection

The amendment to the revised MARPOL Annex I (which was adopted in October 2004 with entry into force set for 1 January
2007) includes a new regulation 12A on oil fuel tank protection. The regulation is intended to apply to all ships delivered on
or after 1 August 2010 with an aggregate oil fuel capacity of 600m3 and above. It includes requirements for the protected
location of the fuel tanks and performance standards for accidental oil fuel outflow. A maximum capacity limit of 2,500m 3
per oil fuel tank is included in the regulation, which also requires Administrations to consider general safety aspects,
including the need for maintenance and inspection of wing and double-bottom tanks or spaces, when approving the design
and construction of ships in accordance with the regulation. Consequential amendments to the IOPP Certificate were also
adopted.

The MEPC also agreed to include appropriate text referring to the new regulation in the amendments to the Guidelines for
the application of the revised MARPOL Annex I requirements to FPSOs and FSUs and approved a Unified Interpretation on
the application of the regulation to column-stabilized MODUs.

Definition of heavy grade oil

A further amendment to the revised MARPOL Annex I relates to the definition of "heavy grade oil" in regulation 21 on
Prevention of oil pollution from oil tankers carrying heavy grade oil as cargo, replacing the words "fuel oils" with "oils, other
than crude oils", thereby broadening the scope of the regulation.
MARPOL Annex IV amendments
The amendment to MARPOL Annex IV Prevention of pollution by sewage from ships adds a new regulation 13 on Port State
control on operational requirements. The regulation states that a ship, when in a port or an offshore terminal of another Party,
is subject to inspection by officers duly authorized by such Party concerning operational requirements under the Annex,
where there are clear grounds for believing that the master or crew are not familiar with essential shipboard procedures
relating to the prevention of pollution by sewage.

Amendments to BCH Code

Amendments to the Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (BCH Code)
were adopted as a consequence of the revised Annex II of MARPOL 73/78 and the amended International Code for the
Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code), which are expected to enter into
force on 1 January 2007. The MEPC also adopted a resolution on Early and Effective Application of the 2006 amendments to
the BCH Code to invite MARPOL Parties to consider the application of the amendments to the BCH Code, as soon as
practically possible, to ships entitled to fly their flag. Also adopted were the revised Guidelines for the provisional
assessment of liquids transported in bulk. In this context the Committee urged industry, in particular the chemical industry, to
provide information on the revision of List 2 of the MEPC circular which contains pollutant-only mixtures based on section 5
of the revised Guidelines.

The 2006 Amendments

Adoption: October 2006
Entry into force: 1 March 2008/1 January 2010

Entry into force: 1 March 2008

The designation of the Southern South Africa waters as a Special Area under Annex I (Regulations for the prevention of
pollution by oil from ships), will provide measures to protect wildlife and the marine environment in an ecologically
important region used intensively by shipping.

Entry into force: 1 January 2010

The revised MARPOL Annex III Regulations for the prevention of pollution by harmful substances carried by sea in
packaged form. The Annex has been revised to harmonize the regulations with the criteria for defining marine pollutants
which have been adopted by the UN Transport of Dangerous Goods (TDG) Sub-Committee, based on the United Nations
Globally Harmonized System of Classification and Labelling of Chemicals (GHS).

Why was phasing out date of tankers proponed.

Prestige Nov 13, 2002

CONVENTIONS

How the convention is adopted and how is the convention ratified.

Adopting a convention
this is the part of the process with which IMO as an Organization is most closely involved. IMO has six main bodies
concerned with the adoption or implementation of conventions. The Assembly and Council are the main organs, and the
committees involved are the Maritime Safety Committee, Marine Environment Protection Committee, Legal committee
and the Facilitation Committee. Developments in shipping and other related industries are discussed by Member States in
these bodies, and the need for a new convention or amendments to existing conventions can be raised in any of them.

Normally the suggestion is first made in one of the committees, since these meet more frequently than the main organs. If
agreement is reached in the committee, the proposal goes to the Council and, as necessary, to the Assembly.

If the Assembly or the Council, as the case may be, gives the authorization to proceed with the work, the committee
concerned considers the matter in greater detail and ultimately draws up a draft instrument. In some cases the subject may be
referred to a specialized sub-committee for detailed consideration.

Work in the committees and sub-committees is undertaken by the representatives of Member States of the
Organization. The views and advice of intergovernmental and international non-governmental organizations which have a
working relationship with IMO are also welcomed in these bodies. Many of these organizations have direct experience in the
various matters under consideration, and are therefore able to assist the work of IMO in practical ways.

The draft convention which is agreed upon is reported to the Council and Assembly with a recommendation that a
conference be convened to consider the draft for formal adoption.
Invitations to attend such a conference are sent to all Member States of IMO and also to all States which are members
of the United Nations or any of its specialized agencies. These conferences are therefore truly global conferences open to
all Governments who would normally participate in a United Nations conference. All Governments participate on an equal
footing. In addition, organizations of the United Nations system and organizations in official relationship with IMO are
invited to send observers to the conference to give the benefit of their expert advice to the representatives of Governments.

Before the conference opens, the draft convention is circulated to the invited Governments and organizations for their
comments. The draft convention, together with the comments thereon from Governments and interested organizations is
then closely examined by the conference and necessary changes are made in order to produce a draft acceptable to all or
the majority of the Governments present. The convention thus agreed upon is then adopted by the conference and
deposited with the Secretary-General who sends copies to Governments. The convention is opened for signature by States,
usually for a period of 12 months. Signatories may ratify or accept the convention while non-signatories may accede.

The drafting and adoption of a convention in IMO can take several years to complete although in some cases, where a quick
response is required to deal with an emergency situation; Governments have been willing to accelerate this process
considerably.

Entry into force

the adoption of a convention marks the conclusion of only the first stage of a long process. Before the convention comes into
force - that is, before it becomes binding upon Governments which have ratified it - it has to be accepted formally by
individual Governments.

Each convention includes appropriate provisions stipulating conditions which have to be met before it enters into force.
These conditions vary but generally speaking, the more important and more complex the document and the more stringent are
the conditions for its entry into force.

For example

For the International Convention on Tonnage Measurement of Ships, 1969, the requirement was acceptance by 25 States
whose combined merchant fleets represent not less than 65 per cent of world tonnage.

the International Convention for the Safety of Life at Sea, 1974, provided that entry into force requires acceptance by 25
States whose merchant fleets comprise not less than 50 per cent of the world's gross tonnage;

In the case of some conventions which affect a few States or deal with less complex matters, the entry into force requirements
may not be so stringent.

For example,

The Convention Relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material, 1971, came into force 90
days after being accepted by five States;

The Special Trade Passenger Ships Agreement, 1971, came into force six months after three States (including two with ships
or nationals involved in special trades) had accepted it.

For the important technical conventions, it is necessary that they be accepted and applied by a large section of the shipping
community. It is therefore essential that these should, upon entry into force, be applicable to as many of the maritime states
as possible. Otherwise they would tend to confuse, rather than clarify, shipping practice.

Accepting a convention does not merely involve the deposit of a formal instrument. A Government's acceptance of a
convention necessarily places on it the obligation to take the measures required by the convention. Often national law has to
be enacted or changed to enforce the provisions of the convention; in some cases, special facilities may have to be provided;
an inspectorate may have to be appointed or trained to carry out functions under the convention; and adequate notice must be
given to shipowners, shipbuilders and other interested parties so they make take account of the provisions of the convention
in their future acts and plans.
When the appropriate conditions have been fulfilled, the convention enters into force for the States which have
accepted - generally after a period of grace intended to enable all the States to take the necessary measures for
implementation.
CLC, fund convention.

Bulk carrier, sinking in minuted, give reasons.

ISM code, role of CE, 2E

Seafarers welfare fund

11. seaman welfare fund
Ans;
a. grant of monthly exgratia monetary assistance of Rs 200 to medically unfit seaman/ widows
b. Adhoc ex gratia on death of seaman 5000 Rs for foreign going and 3000 for home trade
c. Educational scholarship to children of seaman
d. Grants to various seafarers clubs hostels homes for recreation and other welfare facilities
e. Financial assistance to distress seaman effected by natural calamities- cyclone floods riots
f. Advance of wages to seaman to the vessels of ex shipping company who could not meet their liabilities-
goes into liquidation
g. Death compensation to the widows- 40000 Rs

Contribution to the fund

From foreign shipowners, by way of wage differential between international and Indian wage- initial corpus
By way of transfer of fines imposed on seaman. And voluntary donations
Fees from govt, -aid
Unemployment relief contribution received from shipowners,
Interests earning of thereof.

Construction of welfare fund 16 members

Chairman- DG
Vice chairman- Dy DG
2 govt nominee
2 Indian Shipowners reps
2 foreign shipowners reps
One person representing Indian public sector shipping company
4 -Seaman
1-merchant navy officer
1-secretary
1-treasurer

What is SAR convention and element of SAR convention? What contracting government should do in
SAR convention?
International Convention on Maritime Search and Rescue, 1979
(Adoption: 27 April 1979; Entry into force: 22 June 1985)
The 1979 Convention, adopted at a Conference in Hamburg, was aimed at developing an international SAR plan, so
that, no matter where an accident occurs, the rescue of persons in distress at sea will be co-ordinate by a SAR organization
and, when necessary, by co-operation between neighboring SAR organizations. Although the obligation of ships to go to the
assistance of vessels in distress was enshrined both in tradition and in international treaties (such as the International
Convention for the Safety of Life at Sea (SOLAS), 1974), there was, until the adoption of the SAR Convention, no
international system covering search and rescue operations. In some areas there was a well-established organization able to
provide assistance promptly and efficiently, in others there was nothing at all.
The technical requirements of the SAR Convention are contained in an Annex, which was divided into five
Chapters. Parties to the Convention are required to ensure that arrangements are made for the provision of adequate SAR
services in their coastal waters. Parties are encouraged to enter into SAR agreements with neighboring States involving the
establishment of SAR regions, the pooling of facilities, establishment of common procedures, training and liaison visits. The
Convention states that Parties should take measures to expedite entry into its territorial waters of rescue units from other
Parties.
The Convention then goes on to establish preparatory measures which should be taken, including the establishment
of rescue co-ordination centers and sub-centers. It outlines operating procedures to be followed in the event of emergencies or
alerts and during SAR operations. This includes the designation of an on-scene commander and his duties.
Parties to the Convention are required to establish ship-reporting systems, under which ships report their position to
a coast radio station. This enables the interval between the loss of contact with a vessel and the initiation of search operations
to be reduced. It also helps to permit the rapid determination of vessels, which may be called upon to provide assistance
including medical help when required.
IMO search and rescue areas
Following the adoption of the 1979 SAR Convention, IMO's Maritime Safety Committee divided the world's oceans
into 13 search and rescue areas, in each of which the countries concerned have delimited search and rescue regions for which
they are responsible. Provisional search and rescue plans for all of these areas were completed when plans for the Indian
Ocean were finalized at a conference held in Fremantle, Western Australia in September 1998.
Revision of SAR Convention
The 1979 SAR Convention imposed considerable obligations on Parties - such as setting up the shore installations

required - and as a result the Convention was not being ratified by as many countries as some other treaties. Equally

important, many of the world's coastal States had not accepted the Convention and the obligations it imposed. It was

generally agreed that one reason for the small number of acceptances and the slow pace of implementation was due to

problems with the SAR Convention itself and that these could best be overcome by amending the Convention.

At a meeting in October 1995 in Hamburg, Germany, it was agreed that there were a number of substantial concerns
that needed to be taken into account, including:
- lessons learned from SAR operations;
- experiences of States which had implemented the Convention;
- questions and concerns posed especially by developing States, which were not yet Party to the Convention;
- need to further harmonize the IMO and International Civil Aviation Organization (ICAO) SAR provisions;
- inconsistent use of Convention terminology and phraseology.
IMO's Sub-Committee on Radio-Communications and Search and Rescue (COMSAR) was requested to revise the technical Annex of the Convention.
A draft text was prepared and was approved by the 68th session of the MSC in May 1997, and was then adopted by the 69th MSC session in May 1998.

The 1998 amendments (Adopted: 18 May 1998; Entry into force: 1 January 2000)
The revised technical Annex of the SAR Convention clarifies the responsibilities of Governments and puts greater
emphasis on the regional approach and co-ordination between maritime and aeronautical SAR operations.
The revised Annex includes five Chapters:
Chapter 1 - Terms and Definitions
This Chapter updates the original Chapter 1 of the same name.
Chapter 2 - Organization and Co-ordination
Replaces the 1979 Chapter 2 on Organization. The Chapter has been re-drafted to make the responsibilities of
Governments clearer. It requires Parties, either individually or in co-operation with other States, to establish basic elements of
a search and rescue service, to include:
- Legal framework
- Assignment of a responsible authority
- Organization of available resources
- Communication facilities
- Co-ordination and operational functions
- Processes to improve the service including planning, domestic and international co-operative relationships and training.
Parties should establish search and rescue regions within each sea area - with the agreement of the Parties concerned.
Parties then accept responsibility for providing search and rescue services for a specified area. The Chapter also
describes how SAR services should be arranged and national capabilities be developed. Parties are required to establish
rescue co-ordination centres and to operate them on a 24-hour basis with trained staff who have a working knowledge of
English. Parties are also required to "ensure the closest practicable co-ordination between maritime and aeronautical
services".
Chapter 3 - Co-operation between States
Replaces the original Chapter 3 on Co-operation. Requires Parties to co-ordinate search and rescue organizations, and,
where necessary, search and rescue operations with those of neighbouring States. The Chapter states that unless
otherwise agreed between the States concerned, a Party should authorize, subject to applicable national laws, rules and
regulations, immediate entry into or over its territorial sea or territory for rescue units of other Parties solely for the
purpose of search and rescue.
Chapter 4 - Operating Procedures
Incorporates the previous Chapters 4 (Preparatory Measures) and 5 (Operating Procedures). The Chapter says that each

RCC (Rescue Co-ordination Centre) and RSC (Rescue Sub-Centre) should have up-to-date information on search and

rescue facilities and communications in the area and should have detailed plans for conduct of search and rescue

operations. Parties - individually or in co-operation with others should be capable of receiving distress alerts on a 24-
 hour basis. The regulations include procedures to be followed during an emergency and state that search and rescue

activities should be co-ordinate on scene for the most effective results. The Chapter says that "Search and rescue

operations shall continue, when practicable, until all reasonable hope of rescuing survivors has passed".

Chapter 5 - Ship reporting systems

Includes recommendations on establishing ship reporting systems for search and rescue purposes, noting that
existing ship reporting systems could provide adequate information for search and rescue purposes in a given area.
IAMSAR Manual
Concurrently with the revision of the SAR Convention, the IMO and the International Civil Aviation Organization
(ICAO) jointly developed the International Aeronautical and Maritime Search and Rescue (IAMSAR) Manual, published in
three volumes covering Organization and Management; Mission Co-ordination; and Mobile Facilities. The IAMSAR Manual
revises and replaces the IMO Merchant Ship Search and Rescue Manual (MERSAR), first published in 1971, and the IMO
Search and Rescue Manual (IMOSAR), first published in 1978.
The MERSAR Manual was the first step towards developing the 1979 SAR Convention and it provided guidance for
those who, during emergencies at sea, may require assistance from others or who may be able to provide assistance
themselves. In particular, it was designed to aid the master of any vessel who might be called upon to conduct SAR
operations at sea for persons in distress. The manual was updated several times with the latest amendments being adopted in
1992 - they entered into force in 1993.
The second manual, the IMOSAR Manual, was adopted in l978. It was designed to help Governments to implement
the SAR Convention and provided guidelines rather than requirements for a common maritime search and rescue policy,
encouraging all coastal States to develop their organizations on similar lines and enabling adjacent States to co-operate and
provide mutual assistance. It was also updated in 1992, with the amendments entering into force in 1993. This manual was
aligned as closely as possible with ICAO Search and Rescue Manual to ensure a common policy and to facilitate consultation
of the two manuals for administrative or operational reasons. MERSAR was also aligned, where appropriate, with IMOSAR.
2004 amendments - persons in distress at sea (Adoption: May 2004; Entry into force: 1 July 2006)
The amendments to the Annex to the Convention include:
addition of a new paragraph in chapter 2 (Organization and co-ordination) relating to definition of persons in
distress;
new paragraphs in chapter 3 (Co-operation between States) relating to assistance to the master in delivering persons
rescued at sea to a place of safety; and
a new paragraph in chapter 4 (Operating procedures) relating to rescue co- ordination centres initiating the process
of identifying the most appropriate places for disembarking persons found in distress at sea.

CLC & Fund convention and limitations.

Latest convention/amendments in B.C.

How a convention enters into force.

IMO is putting all its resources in bilge processing system. What is the latest amendment in that?

Difference:-protocol and treaty.

CLC and Fund convention.

International Convention on Civil Liability for Oil Pollution Damage (CLC), 1969
(Adoption: 29 November 1969; Entry into force: 19 June 1975)
Note: The 1969 Convention is being replaced by its 1992 Protocol as amended in 2000
The Civil Liability Convention was adopted to ensure that adequate compensation is available to persons, who suffer
oil pollution damage resulting from maritime casualties involving oil-carrying ships. The Convention places the liability for
such damage on the owner of the ship from which the polluting oil escaped or was discharged. Subject to a number of
specific exceptions, this liability is strict; it is the duty of the owner to prove in each case that any of the exceptions should in
fact operate. However, except where the owner has been guilty of actual fault, they may limit liability in respect of any one
incident to 133 Special Drawing Rights (SDR) for each ton of the ship's gross tonnage, with a maximum liability of 14
million SDR (around US$18 million) for each incident. (1 SDR is approximately US$1.28 - exchange rates fluctuate daily).
The Convention requires ships covered by it to maintain insurance or other financial security in sums equivalent to
the owner's total liability for one incident. The Convention applies to all seagoing vessels actually carrying oil in bulk as
cargo, but only ships carrying more than 2,000 tons of oil are required to maintain insurance in respect of oil pollution
damage. This does not apply to warships or other vessels owned or operated by a State and used for the time being for
Government non-commercial service.
 The Convention covers pollution damage resulting from spills of persistent oils suffered in the territory (including
the territorial sea) of a State Party to the Convention. It is applicable to ships, which actually carry oil in bulk as cargo, i.e.
generally laden tankers. Spills from tankers in ballast or bunker spills from ships other than other than tankers are not
covered, nor is it possible to recover costs when preventive measures are so successful that no actual spill occurs. The
shipowner cannot limit liability if the incident occurred as a result of the owner's personal fault.
The Protocol of 1976 (Adoption: 9 November 1976; Entry into force: 8 April 1981)
The 1969 Civil Liability Convention used the "Poincar franc", based on the "official" value of gold, as the
applicable unit of account. However, experience showed that the conversion of this gold-franc into national currencies was
becoming increasingly difficult. The 1976 Protocol therefore provided for provides for a new unit of account, based on the
Special Drawing Rights (SDR) as used by the International Monetary Fund (IMF).
The Protocol of 1984 (Adoption: 25 May 1984 ; Entry into force: 12 months after being accepted by 10 States, including
six with tanker fleets of at least 1 million gross tons.) Status: Superseded by 1992 Protocol
While the compensation system established by the 1969 CLC and 1971 Fund Convention had proved very useful, by
the mid-1980s it was generally agreed that the limits of liability were too low to provide adequate compensation in the event
of a major pollution incident. The 1984 Protocol set increased limits of liability, but it gradually became clear that the
Protocol would never secure the acceptance required for entry into force and it was superseded by the 1992 version. A major
factor in the 1984 Protocol not entering into force was the reluctance of the United States, a major oil importer, to accept the
Protocol. The United States preferred a system of unlimited liability, introduced in its Oil Pollution Act of 1990. As a result,
the 1992 Protocol was drawn up in such a way that the ratification of the United States was not needed in order to secure
entry into force conditions.
The Protocol of 1992 (Adoption: 27 November 1992; Entry into force: 30 May 1996)
The Protocol changed the entry into force requirements by reducing from six to four the number of large tanker-
owning countries that are needed. The compensation limits are those originally agreed in 1984:
- For a ship not exceeding 5,000 gross tonnages, liability is limited to 3 million SDR (about US$3.8 million)
- For a ship 5,000 to 140,000 gross tonnage: liability is limited to 3 million SDR plus 420 SDR (about US$538) for each
additional unit of tonnage
- For a ship over 140,000 gross tonnage: liability is limited to 59.7 million SDR (about US$76.5 million)
The 1992 protocol also widened the scope of the Convention to cover pollution damage caused in the exclusive
economic zone (EEZ) or equivalent area of a State Party. The Protocol covers pollution damage as before but environmental
damage compensation is limited to costs incurred for reasonable measures to reinstate the contaminated environment. It also
allows expenses incurred for preventive measures to be recovered even when no spill of oil occurs, provided there was grave
and imminent threat of pollution damage.
The Protocol also extended the Convention to cover spills from sea-going vessels constructed or adapted to carry oil
in bulk as cargo so that it applies apply to both laden and unladen tankers, including spills of bunker oil from such ships.
Under the 1992 Protocol, a shipowner cannot limit liability if it is proved that the pollution damage resulted from the
Shipowners personal act or omission, committed with the intent to cause such damage, or recklessly and with knowledge
that such damage would probably result.
From 16 May 1998, Parties to the 1992 Protocol ceased to be Parties to the 1969 CLC due to a mechanism for
compulsory denunciation of the "old" regime established in the 1992 Protocol. However, for the time being, the two regimes
are co-existing, since there are a number of States which are Party to the 1969 CLC and have not yet ratified the 1992 regime
- which is intended to eventually replace the 1969 CLC.
The 2000 Amendments {Adoption: 18 October 2000; Entry into force: 1 November 2003 (under tacit acceptance)}
The amendments raised the compensation limits by 50 percent compared to the limits set in the 1992 Protocol, as
follows:
- For a ship not exceeding 5,000 gross tonnage, liability is limited to 4.51 million SDR (US$5.78 million) (Under the 1992
Protocol, the limit was 3 million SDR (US$3.8 million)
- For a ship 5,000 to 140,000 gross tonnage: liability is limited to 4.51 million SDR (US$5.78 million) plus 631 SDR
(US$807) for each additional gross tonne over 5,000. (Under the 1992 Protocol, the limit was 3 million SDR (US$3.8
million) plus 420 SDR (US$537.6) for each additional gross tonne)
- For a ship over 140,000 gross tonnage: liability is limited to 89.77 million SDR (US$115 million) (Under the 1992 Protocol,
the limit was 59.7 million SDR (US$76.5 million)

International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage

(FUND), 1971

(Adoption: 18 December 1971; Entry into force: 16 October 1978).

Note: The 1992 protocol replaces the 1971 Convention

Although the 1969 Civil Liability Convention provided a useful mechanism for ensuring the payment of
compensation for oil pollution damage, it did not deal satisfactorily with all the legal, financial and other questions raised
during the Conference adopting the CLC Convention. Some States objected to the regime established, since it was based on
the strict liability of the shipowner for damage, which they could not foresee and, therefore, represented a dramatic departure
from traditional maritime law, which based liability on fault. On the other hand, some States felt that the limitation figures
adopted were likely to be inadequate in cases of oil pollution damage involving large tankers. They therefore wanted an
unlimited level of compensation or a very high limitation figure.
 In the light of these reservations, the 1969 Brussels Conference considered a compromise proposal to establish an
international fund, to be subscribed to by the cargo interests, which would be available for the dual purpose of, on the one
hand, relieving the shipowner of the burden by the requirements of the new convention and, on the other hand, providing
additional compensation to the victims of pollution damage, in cases where compensation under the 1969 Civil Liability
Convention was either inadequate or unobtainable.
The purposes of the Fund Convention are:
To provide compensation for pollution damage to the extent that the protection afforded by the 1969 Civil Liability
Convention is inadequate.
To give relief to shipowners in respect of the additional financial burden imposed on them by the 1969 Civil Liability
Convention, such relief being subject to conditions designed to ensure compliance with safety at sea and other conventions.
To give effect to the related purposes set out in the Convention.
Under the first of its purposes, the Fund is under an obligation to pay compensation to States and persons who suffer
pollution damage, if such persons are unable to obtain compensation from the owner of the ship from which the oil escaped
or if the compensation due from such owner is not sufficient to cover the damage suffered. Under the Fund Convention,
victims of oil pollution damage may be compensated beyond the level of the shipowner's liability. However, the Fund's
obligations are limited so that the total payable to victims by the shipowner and the Fund shall not exceed 30 million SDR
(about US$41 million) for any one. In effect, therefore, the Fund's maximum liability for each incident is limited to 16
million SDR incident (under the 1971 convention - limits were raised under the 1992 Protocol). Where, however, there is no
shipowner liable or the shipowner liable is unable to meet their liability, the Fund will be required to pay the whole amount of
compensation due. Under certain circumstances, the Fund's maximum liability may increase to not more than 60 million SDR
(about US$82 million) for each incident. With the exception of a few cases, the Fund is obliged to pay compensation to the
victims of oil pollution damage who are unable to obtain adequate or any compensation from the shipowner or his guarantor
under the 1969 Convention. The Fund's obligation to pay compensation is confined to pollution damage suffered in the
territories including the territorial sea of Contracting States. The Fund is also obliged to pay compensation in respect of
measures taken by a Contracting State outside its territory. The Fund can also provide assistance to Contracting States, which
are threatened or affected by pollution and wish to take measures against it. This may take the form of personnel, material,
credit facilities or other aid.
In connection with its second main function, the Fund is obliged to indemnify the shipowner or his insurer for a
portion of the Shipowners liability under the Liability Convention. This portion is equivalent to 100 SDR (about US$128)
per ton or 8.3 million SDR (about US$10.6 million), whichever is the lesser. The Fund is not obliged to indemnify the owner
if damage is caused by his wilful misconduct or if the accident was caused, even partially, because the ship did not comply
with certain international conventions. The Convention contains provisions on the procedure for claims, rights and
obligations, and jurisdiction.
Contributions to the Fund should be made by all persons who receive oil by sea in Contracting States. The Fund's
Organization consists of an Assembly of States, a Secretariat headed by a director appointed by the Assembly; and an
Executive Committee.
The Protocol of 1976 (Adoption: 19 November 1976; Entry into force: 22 November 1994)
The 1971 Fund Convention applied the same unit of account as the 1969 Civil Liability Convention, i.e. the
"Poincar franc". For similar reasons the Protocol provides for a unit of account, based on the Special Drawing Right (SDR).
The Protocol of 1984 (Adoption: 25 May 1984; Entry into force: 12 months after being accepted by at least 8 States whose
combined total of contributing oil amounted to at least 600 million tons during the previous calendar year.) Status:
Superseded by the Protocol of 1992
The Protocol was primarily intended to raise the limits of liability contained in the convention and thereby enable
greater compensation to be paid to victims of oil pollution incidents. But as with the 1984 CLC Protocol, it became clear that
the Protocol would never secure the acceptances required for entry into force and it has been superseded by the 1992 version
The Protocol of 1992 (Adoption: 27 November 1992; Entry into force: 30 May 1996)
As was the case with the 1992 Protocol to the CLC Convention, the main purpose of the Protocol was to modify the
entry into force requirements and increase compensation amounts. The scope of coverage was extended in line with the 1992
CLC Protocol. The 1992 Protocol established a separate, 1992 International Oil Pollution Compensation Fund, known as the
1992 Fund, which is managed in London by a Secretariat, as with the 1971 Fund. In practice, the Director of the 1971 Fund is
currently also the Director of the 1992 Fund.
Under the 1992 Protocol, the maximum amount of compensation payable from the Fund for a single incident,
including the limit established under the 1992 CLC Protocol, is 135 million SDR (about US$173 million). However, if three
States contributing to the Fund receive more than 600 million tonnes of oil per annum, the maximum amount is raised to 200
million SDR (about US$256 million). From 16 May 1998, Parties to the 1992 Protocol ceased to be Parties to the 1971 Fund
Convention due to a mechanism for compulsory denunciation of the "old" regime established in the 1992 Protocol. However,
for the time being, two Funds (the 1971 Fund and the 1992 Fund) are in operation, since there are some States which have
not yet acceded to the 1992 Protocol, which is intended to completely replace the 1971 regimes.
The 2000 Amendments {Adoption: 18 October 2000; Entry into force: 1 November 2003
The amendments raise the maximum amount of compensation payable from the IOPC Fund for a single incident,
including the limit established under the 2000 CLC amendments, to 203 million SDR (US$260 million), up from 135 million
SDR (US$173 million). However, if three States contributing to the Fund receive more than 600 million tonnes of oil per
annum, the maximum amount is raised to 300,740,000 SDR (US$386 million), up from 200 million SDR (US$256 million).
The 2003 Protocol (supplementary fund) (Adoption: 16 May 2003 ; Entry into force: 3 March 2005 )
The 2003 Protocol establishing an International Oil Pollution Compensation Supplementary Fund was adopted by a
diplomatic conference held at IMO Headquarters in London. The aim of the established Fund is to supplement the
compensation available under the 1992 Civil Liability and Fund Conventions with an additional, third tier of compensation.
The Protocol is optional and participation is open to all States Parties to the 1992 Fund Convention. The total amount of
compensation payable for any one incident will be limited to a combined total of 750 million Special Drawing Rights (SDR)
(just over US$1,000 million) including the amount of compensation paid under the existing CLC/Fund Convention
Amendments to the limits
Amendments to the compensation limits established under the Protocol can be adopted by a tacit acceptance
procedure, so that an amendment adopted in the Legal Committee of IMO by a two-thirds majority of Contracting States
present and voting, can enter into force 24 months after its adoption.
Convention relating to Civil Liability in the Field of Maritime Carriage of Nuclear Material (NUCLEAR), 1971
(Adoption: 17 December 1971; Entry into force: 15 July 1975)
In 1971 IMO, in association with the International Atomic Energy Agency (IAEA) and the European Nuclear
Energy Agency of the Organization for Economic Co-operation and Development (OECD), convened a Conference which
adopted a Convention to regulate liability in respect of damage arising from the maritime carriage of nuclear substances. The
purpose of this Convention is to resolve difficulties and conflicts which arise from the simultaneous application to nuclear
damage of certain maritime conventions dealing with shipowners' liability, as well as other conventions which place liability
arising from nuclear incidents on the operators of the nuclear installations from which or to which the material in question
was being transported. The 1971 Convention provides that a person otherwise liable for damage caused in a nuclear incident
shall be exonerated for liability if the operator of the nuclear installation is also liable for such damage by virtue of the Paris
Convention of 29 July 1960 on Third Party Liability in the Field of Nuclear Energy; or the Vienna Convention of 21 May
1963 on Civil Liability for Nuclear Damage; or national law which is similar in the scope of protection given to the persons
who suffer damage.

Your duties and responsibilities on last ship. Certificates on your last ship, their validity & related
convention. VSPM

Under which convention IGC code comes.

INSURANCE & CHARTER PARTY

3 functions of bill of lading.

Duties of CE in voyage and time charter.

Indemnity, third party, incoterm.

TORT

Inrem and inperson.When will u decide what to claim.

Utmost good faith.

Difference Lien and Mortgage.

Why is bill of lading non-negotiable?

What is Maritime casualty?

Elements of bill of lading.

Mortgage.

TAUT.
Purpose of bill of lading.

Working cover of P&I.

UK P&I Club

Shipowners insure against loss of or damage to their ships with hull underwriters.
They look to the P&I Clubs for insurance against their liabilities to others.
These include their exposure to claims for damage or compensation in respect of the following heads of cover. The
following description is a 'layman's guide' to the Rules of the Club and should not be treated as in any way definitive
of the terms of cover provided. If you would like to see the full text of the Rules, please see Publications.

1. Personal injury to or illness or loss of life of crew members

2. Personal injury to or loss of life of stevedores

3. Personal injury to or illness or loss of life of passengers and others

4. Loss of personal effects

5. Diversion expenses

6. Life salvage

7. Collision liabilities

i. One-fourth collision liability

ii. Other risks excluded from the Running down Clause

iii. Excess collision liability

8. Loss or damage to property other than cargo

9. Pollution

10. Towage contract liabilities

11. Liabilities under contracts and indemnities

12. Wreck liabilities

13. Cargo liabilities

14. Cargo's proportion of general average or salvage

15. Certain expenses of salvors

16. Fines

17. Legal costs

18. "Omnibus" cover

19. Overall conditions of cover

20. Exclusion of war risks

21. Selection by shipowners of particular heads of cover and of deductibles

22. Cover for charterers

23. Additional Covers

Working of Int. Association of P & I club

coinsurance
Definition 1

An insurance policy provision under which the insurer and the insured share costs incurred after the deductible is met,
according to a specific formula.

Definition 2

More generally, a sharing of risk between the insurer and the insured. also called copay.
Re-insurance, indemnity, insured.

Reinsurance
Reinsurance is the insurance of insurance. It is the insurance arranged by an insurer to cover all or part of the cost of
claims that it may incur under contracts of insurance it may have written. Insurers reduce their exposure to risk by insuring
themselves against claims. The practice is known as reinsurance. General Insurance Corporation (GIC) was designated as the
Indian Reinsurer in November 2000 by Act of parliament to function exclusively as Life and Non-life Reinsurer. The
reinsurance regulation of the country aims at maximum retention of insurance premium within the country. As per existing
statute, GIC is entitled for 20% obligatory cessions on risks underwritten by the non-life insurers in India. The legislation also
provides for utilizing GICs capacity before any risk is offered to the international market. Being the Indian Reinsurer, GCI
plays the role of reinsurance facilitator for the Indian insurance companies.

1. Indemnity: If a loss occurs, the Insured will be put back into the same financial position as just
prior to the loss. The Insured must not profit from the loss. Most policies are on an actual cash value
(ACV) basis (the value of an equivalent piece of property of the same age and condition and subject
to the same wear and tear as the property that was lost or destroyed). Exceptions:

i Valued Contracts: Insures property for an amount which is agreed to by the Insurer and the Insured at
the time the contract is made; in the event of a total loss a definite amount will be paid. Valued policies
are used for insuring items that are difficult to valuate after a loss. Also, Contracts of Compensation
(Life Insurance).

ii Replacement Cost Contracts: The property damaged will be assessed on the basis of the cost at the
time of the loss, destruction or damage, of repairing or replacing (whichever is less) with like kind and
quality, without any deduction for depreciation. Extra premium is charged for this type of insurance.

FD&D.What is not covered in FD&D.

Ans: freight demurrage and defense. Legal cost cost r covered, but does not cover the principle amount
in dispute
Difference:- Hague, Hague Visby and Hamburg rule.

Difference:- Arbitration and Litigation.

A controversy before a court or a "lawsuit" is commonly referred to as litigation
The conduct of a lawsuit is called litigation. ....

Duties of CE in bareboat and voyage charter.

Maritime casualty.

Shipping casualties and report thereof-- (1) For the purpose of investigations and inquiries under this
Part, a shipping casualty shall be deemed to occur when--

(a) on or near the costs of India, any ship is lost, abandoned, stranded or materially damaged;

(b) on or near the coasts of India, any ship causes loss or material damage to any other ship;

(c) any loss of life ensues by reason of any casualty happening to or on board any ship on or near the
coasts of India;

(d) in any place, any such loss, abandonment, stranding, material damage or casualty as above
mentioned occurs to or on board any Indian ship, and any competent witness thereof is found in India;

(e) any Indian ship is lost or is supposed to have been lost, and any evidence is obtainable in India as to
the circumstances under which she proceeded to sea or was last heard of.

Principle of marine insurance.

Basic Principles of Marine Insurance

1. Insurable Interest: The Insured must have financial interest in the object of insurance. A
person has insurable interest in property when he will be financially prejudiced by its loss or
damage and when he will financially benefit from its continued existence. Every person has an
insurable interest who is interested in a marine adventure. A person also has insurable interest in
his potential responsibility (legal liability) to pay damages to others for injuries he causes to
them or damage he does to their property. In order to recover for a loss, an Insured must have
insurable interest at the time of loss (not necessary to have insurable interest at the time of
effecting insurance). Without the rule of Insurable Interest, a person could insure a vessel with
the hope it would sink and collect the insurance (called Wagering or Gaming). The Gambling
Policies Act provides for the criminal punishment of persons involved in illegal wagering in
marine insurance.

Policy Proof of Interest (P.P.I.) or Honor policies are used and in the event of a claim the policy is
taken as sufficient proof of insurable interest. Insurers must be careful to establish the probability of
insurable interest before issuing P.P.I. policies.

Kinds of Insurable Interest:

i Defeasible Interest: Interest ceases after beginning of Marine Adventure for reasons other than marine
perils. If risk ceases, no return of premium.

ii Contingent Interest: Interest acquired during the Marine Adventure due to a contingency.
iii Partial Interest: Interest in the property insured does not have to be 100%--a person may insure up to
the value of his share of the property.

iv Reinsurance: Interest is acquired in the property insured by the insurance company and they may
reinsure to protect their interest.
v Bottomry: Interest acquired by loan raised by captain of vessel on ship/cargo when money urgently
needed for prosecution of voyage, not repayable if venture lost.

vi Respondentia: Interest acquired by advance secured on cargo repayable only if cargo saved, even if
ship lost.

vii Masters and Seamens Wages: Individuals have interest in their own wages.

viii Advance Freight: Freight is the remuneration payable to a shipowner for carriage of goods or for
the hire of his ship or cargo space. Unless freight is wholly or partly pre-paid, it remains at the risk of the
shipowner, who has insurable interest in it.
ix Insurance Premiums: The Insured has insurable interest for the premium he has paid on the policy.

x Quantum of Interest: Insurable interest from insured property that is mortgaged; only applies to
property given as security for loan. Mortgagor (borrower) retains full insurable interest as he must repay
mortgagee (lender) in event of loss; mortgagee has insurable interest to extent of the loan.

2. Indemnity: If a loss occurs, the Insured will be put back into the same financial position as just
prior to the loss. The Insured must not profit from the loss. Most policies are on an actual cash value
(ACV) basis (the value of an equivalent piece of property of the same age and condition and subject
to the same wear and tear as the property that was lost or destroyed). Exceptions:

i Valued Contracts: Insures property for an amount which is agreed to by the Insurer and the Insured at
the time the contract is made; in the event of a total loss a definite amount will be paid. Valued policies
are used for insuring items that are difficult to valuate after a loss. Also, Contracts of Compensation
(Life Insurance).

ii Replacement Cost Contracts: The property damaged will be assessed on the basis of the cost at the
time of the loss, destruction or damage, of repairing or replacing (whichever is less) with like kind and
quality, without any deduction for depreciation. Extra premium is charged for this type of insurance.

3. Utmost Good Faith (Uberrima Fides): Required from both parties. Insurer must deal with all
claims fairly and expeditiously and be able to pay for potential claims. Only Insured knows all the
facts; he is required to give full information of every material fact in respect to the risk; policy void
able if Insured has not given full and correct information, by:

i Nondisclosure: Failure to inform the Insurer of a material fact. Includes failure on the Insureds part to
find out all material facts of the risk.
ii Misrepresentation: Incorrect statement about a material fact.

4. Subrogation: The right of an Insurer, after paying a loss, to assume the rights of the Insured to
recover this loss from the responsible party. After a claim has been settled and paid, the Insurer is
entitled to place himself in the position of the Insured, to the extent of acquiring the Insureds rights
& remedies in respect of the loss. This prevents Insured from collecting for his loss twice, and
reduces the total cost of the claim. The Insurer will sue a responsible party in the Insureds name for
the loss/damage up to the amount of the settlement. The Insured must not relinquish any rights that
he may have against other parties.

5. Warranty: Promise by Insured as part of contract that a specified state of affairs will continue to
exist for duration of policy; breach of warranty makes policy void able from time of breach.
Warranty may be express or implied;
Ur ships hits a pipeline,whos fault is it, and who ll pay ,under what convention.
LLMC

MANAGEMENT
Johari window.

CLASSIFICATION
Classification society function.
Classification societies are organizations that establish and apply technical standards in relation to the design,
construction and survey of marine related facilities including ships and offshore structures. The vast majority of ships are
built and surveyed to the standards laid down by classification societies. These standards are issued by the classification
society as published rules. A vessel that has been designed and built to the appropriate rules of a society may apply for a
certificate of classification from that society. The society issues this certificate upon completion of relevant classification
surveys. Such a certificate does not imply, and should not be construed as an express warranty of safety, fitness for purpose or
seaworthiness of the ship. It is an attestation only that the vessel is in compliance with the standards that have been developed
and published by the society issuing the classification certificate. More than 50 organizations worldwide define their
activities as providing marine classification. Ten of those organizations form the International Association of Classification
Societies (IACS). It is estimated that these ten societies, together with the additional society that has been accorded associate
status by IACS, collectively class about 94 percent of all commercial tonnage involved in international trade worldwide.
Classification is one element within a network of maritime safety partners. Other elements are parties such as the
shipowner, the shipbuilder, the flag State, port States, underwriters, shipping financiers, and charterers among others. The
role of classification and classification societies has been recognized in the International Convention for the Safety of Life at
Sea, (SOLAS) and in the 1988 Protocol to the International Convention on Load Lines. This statutory role is addressed later
in this note. As an independent, self-regulating, externally audited, body, a classification society has no commercial interests
related to ship design, ship building, ship ownership, ship operation, ship management, ship maintenance or repairs,
insurance, or chartering. In establishing its rules, each classification society may draw upon the advice and review of
members of the industry who are considered expert in their field.
Classification rules are developed to assess the structural strength and integrity of essential parts of the ships hull
and its appendages, and the reliability and the function of the propulsion and steering systems, power generation and those
other features and auxiliary systems which have been built into the ship in order to maintain essential services on board.
Classification rules are not intended as a design code and in fact cannot be used as such. A ship built in accordance with an
IACS Member's rules will be assigned a class designation by the society on satisfactory completion of the relevant surveys.
For ships in service, the society carries out surveys to ascertain that the ship remains in compliance with those rules. Should
any defects that may affect class become apparent, or damages be sustained between the relevant surveys, the ship owner and
operator are required to inform the society concerned without delay. A ship is maintained in class provided that the relevant
rules have, in the opinion of the society concerned, been complied with and surveys carried out in accordance with its rules.
Classification societies also maintain significant research departments that contribute towards the on-going development of
appropriate, advanced technical standards.

LATEST DEVELOPMENTS

Latest development in TC.

What is intelligent Engine? Why is it so called?

What is turbo compounding and power take off.

Latest development in purifiers.

ISM AND EMERGENCY PREPAREDNESS

Oil man injured what u will do.

Observation and non-conformitydifference

Objective evidence means quantitative or qualitative information, records or statements of fact pertaining to safety or
to the existence and implementation of a SMS element, which is based on observation, measurement or test and which
can be verified.
Observation means a statement of fact made during a safety management audit and substantiated by objective
evidence.
Verify means to investigate and confirm that an activity or operation is in accordance with a specified requirement.

Non-conformity means an observed situation where objective evidence indicates the non-fulfillment of a specified
requirement/
Major non-conformity means an identifiable deviation which poses a serious threat to personnel or ship safety or a
serious risk to the environment and requires immediate corrective action. In addition lack of effective and systematic
implementation of the ISM Code is also considered as a major non-conformity.

Oiler is unconscious in bilge. How ll u investigate and make an accident repot.

CAS & ESP

DifferenceCAS & ESP.

Procedure for CAS survey.

Difference:-CAS and ESP. As a CE what ll b your approach towards both the survey.

PORT STATE CONTROL

MOU & PSC.

As a CE in foreign port, u r blamed of oil spill. What ll be your action.

MOU:-Name MOU.

Suppose u r in foreign port and PSO comes for inspection and he sends a complaint to the administration
that the CE did not cooperate, how ll u answer this allegation

UNCLOS

Differencemaritime safety law and sea law.

Maritime Law in India

the Indian Bills of Lading Act, 1856 - the negotiable and other characteristics of a bill of lading
the Indian Carriage of Goods by Sea Act, 1925 - contains the Hague Rules regulating the respective rights and liabilities
of the parties to a contract governed by bills of lading or similar documents of title for carriage of goods by sea "from
any port in India to any other port whether in India or outside India".
the Merchant Shipping Act, 1958 - embodies rules regarding registration of Indian ships; transfers or mortgages of ships
or shares; national character and flag; employment of seamen; safety, nuclear ships; collisions; accidents at sea and
liability; limitation of liability; navigation; prevention of pollution; investigation and enquiries; wreck and salvage;
coasting trade; sailing vessels; penalties and procedure, etc.
Marine Insurance Act, 1963,
the Contract Act, 1872,
the Evidence Act, 1872,
the Indian Penal Code, 1860,
the Transfer of Property Act, 1882,
the Code of Civil Procedure, 1908,
the Criminal Procedure Code, 1973,
the Companies Act, 1956 etc
the Indian Ports Act, 1908
the Major Port Trusts Act, 1963
the Customs Act, 1962

Difference: - Maritime law and Law of sea.

MISCELLANEOUS
Elements of PMS.

Maritime safety Association,

Differencespecial area & restricted area.

PSSA
Particularly Sensitive Sea Area A Particularly Sensitive Sea Area (PSSA) is an area that needs special protection through
action by the International Maritime Organization (IMO) because of its significance for recognized ecological or socio-
economic or scientific reasons, and because it may be vulnerable to damage by international shipping activities. When an
area is designated by the IMO as a PSSA, specific measures can be approved by the IMO, to reduce the risk created by the
shipping activities.

What are latest amendments in LL?

What breakdown u have encountered & what were the indication of the same.

IBC CODE.

What is Carriage of Goods by Sea Act? (COGSA)

Reliability based maintenance.

What is disclosure?
Special areas
Annex I
Special area" means a sea area where for recognized technical reasons in relation to its oceanographical and ecological
condition and to the particular character of its traffic the adoption of special mandatory methods for the prevention of sea
pollution by oil is required.

1). For the purpose of this Annex, the special areas are the Mediterranean Sea area, the Baltic Sea area, the Black Sea area,
the Red Sea area, the "Gulfs area", the Gulf of Aden area, the Antarctic area and the North West European waters, which are
defined as follows:

(a). The Mediterranean Sea area.

(b). The Baltic Sea

(c). The Black Sea area

(d). The Red Sea

(e). The Gulfs area

(f). The Gulf of Aden

(g). The Antarctic area

(h). The North West European waters

(i) Oman Area of Arabian Sea

Entry into force: 1 March 2008

The designation of the Southern South Africa waters as a Special Area under Annex I (Regulations for the prevention of
pollution by oil from ships), will provide measures to protect wildlife and the marine environment in an ecologically
important region used intensively by shipping.
Annex V
Mediterranean Sea area,
the Baltic Sea area,
the Black Sea area,
the Red Sea area,
the Gulfs area",
the North Sea area,
the Antarctic area
the Wider Caribbean Region, including the Gulf of Mexico and the Caribbean Sea

Sox Emission Control Area

Baltic Sea
North Sea