Sri Lanka Consolidated Acts
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Merchant Shipping Act (No. 52 of 1971)
TABLE OF PROVISIONS
Long Title
1. Short title and date of operation
2. Extension and application of Act
3. Appointment of Director of Merchant Shipping
4. Power of Minister to give directions
5. Appointment of officers and servants
6. Powers of Minister
7. Appointment and duties of Shipping Officers
8. Designation of Shipping Offices
9. Power of Director to dispense with transaction of certain matters at Shipping Offices
10. Appointment of Surveyors, &c
11. Chief Registrar and Registrars of Ceylon Ships
12. Minister may delegate certain powers and duties
13. Appointment of Registrar of Seamen
14. Application of this Part
15. Restriction on chartering of ships
16. Licences to take ships to sea
17. Revocation, &c, of licence
18. Unlicensed ships
19. No port clearance until licence is produced
20. Power to give directions
21. Shipping Allocation Board
22. Powers to fix shipping rates
23. Shipping Rates Advisory Board
24. Power to call for information
25. Submission of schedule of fares, &c., in respect of certain ships
26. Power of Director to enter ships
27. Penalty
28. Restrictive practices in relation to the carriage of goods by sea
29. Power to make rules
30. Qualification for owning Ceylon ship
31. Obligation to register Ceylon ships
32. Exemptions from registry
33. Register book
34. Application for registry
35. Declaration of ownership
36. Ship's names
37. Evidence on first registry
38. Survey
39. Marking of skip
40. Entry of particulars in register book
41. Documents to be retained by Registrar
42. Application to Government ships
43. Port of registry
44. Regulations
45. Power of Chief Registrar to inquire into title of Ceylon ship to he registered as such
46. Exemption
47. Certificate of registry
48. Provisional certificate
49. Custody and use of certificate
50. Improper use of certificate
51. Grant of new certificate
52. Provision for loss of certificate
53. Change of master
54. Change of owner
55. Delivery of certificate of slip lost or ceasing to be Ceylon ship
56. Transfer of ship or share
57. Declaration of transfer
58. Registry of transfer
59. Transmission of property in ship on bankruptcy, death, &c
60. Order for sale on transmission to an unqualified person
61. Transfer of ship or Bale by order of Court
62. Power of Court to prohibit transfer
63. Rules of English law applicable except where they are inconsistent or in conflict with this Act
64. Mortgage of ship or share
65. Entry of discharge of mortgage
66. Priority of mortgagee
67. Mortgagee not treated as owner
68. Mortgagee to have power of sale
69. Mortgage not affected by bankruptcy
70. Transfer of mortgages
71. Transmission of interest in mortgage on bankruptcy, &c
72. Powers of mortgage and sale to be exercised outside Ceylon may be conferred by certificate
73. Requisites for certificates of mortgage and sale
74. Restrictions on certificates of mortgage and sale
75. Contents of certificates of mortgage and Bale,
76. Rules as to certificates of mortgage
77. Rules as to certificates of sale
78. Power of Chief Registrar in case of loss of certificate
79. Revocation of certificates of mortgage and sale
80. Application
81. Restriction on cancellation of registration
82. Restriction on registration
83. Maritime liens
84. Priority of liens. Cap. 96. Cap. 97
85. Order of priority of liens
86. Rights of shipbuilders and ship repairers. Cap. 96. Cap. 97
87. Overriding nature of maritime liens
88. Saving in relation to claims arising from radioactive products, &c
89. Limitation period
90. When limitation period is interrupted
91. Notice of sale to be given to mortgagees, Registrar, &c
92. Effect of sale on mortgage, &c
93. Disposition of proceeds of sale
94. When a certificate that a ship is sold free of mortgages, liens, &c., shall issue
95. Action by Registrar on receipt- of
96. Registry of alterations
97. Regulations for registry of alterations
98. Registry anew on change of ownership
99. Procedure for registry anew
100. Provisional certificate and endorsement where a ship is to be registered anew
101. Transfer of registry
102. Restriction on-re-registration of abandoned, ships
103. Provision for case of incapacity
104. Notice of trusts not received
105. Liability of owners
106. Definition of beneficial interest
107. Managing owner, &c
108. Power to dispense with declaration, &c
109. Mode of making declarations.
110. Returns to be made by Registrars
111. Evidence of register book, certificate of registry and other document
112. Forgery of documents
113. False declarations
114. Trade in Ceylon waters
115. National character of ship to be declared on clearance
116. Penalty for unduly assuming Ceylon character
117. Penalty for concealment of Ceylon or assumption of foreign character
118. Penalty for acquiring ownership if unqualified,
119. Liabilities of ship not recognized as Ceylon ship
120. National colours
121. Showing of national ensign
122. Proceedings on forfeiture of ship
123. Protection of officers
124. Application
125. Interpretation
126. Regulations relating to qualifications of officers and seamen, the manning of ships, &c
127. Regulations relating to conditions of service, &c
128. Regulations relating to-official log-books
129. Regulations relating to returns of births and deaths in Ceylon ships.,
130. Regulations relating to returns of births and deaths of citizens in ships not registered in Ceylon
131. Handing over of documents on change of master
132. Stowaways
133. Unauthorized presence on board ship
134. Master's power of arrest
135. Unregistered: Ceylon ship
136. National Welfare Board for seamen
137. Prohibition of the maintenance of a seamen's lodging house without a licence
138. Interpretation
139. Regulations relating to safety at sea
140. Saving
141. Power of Minister to exempt
142. Saving relating to ships taking refuge from weather, &c
143. Prohibit ion on passenger ship sailing without certificates
144. Prohibition on cargo ship sailing without certificates
145. Variation of certificates on amendment, &c., of Convention
146. Production of certificates
147. Surveys and declarations of survey
148. Issue of certificates
149. Minister may approve organizations to survey ships and issue certificates
150. Period of validity of certificate
151. Cancellation or suspension of certificates
152. Surrender of certificates
153. Recognition of certificates issued outside Ceylon
154. Issue of certificates to foreign ships in Ceylon, and to Ceylon ships in foreign countries
155. Penalty for alteration in ship after certificate has been issued
156. Penalty for forgery of certificate or declaration
157. Information about ship's stability
158. Signalling lamps
159. Interpretation
160. Application
161. Definition of "international voyage "
162. Definition of 14 "new ship"
163. Definition of " valid Convention certificate "
164. Regulations relating to load lines, &c
165. Regulations relating to deck cargo
166. Prohibition on sailing without certificates
167. Prohibition in excess loading
168. Penalties concerning marking a ships
169. Issue of certificates
170. Presumptions arising on issue of certificates
171. Certificate to be produce prior to clearance
172. Duties of owner and master on issue of certificate
173. Issue of certificate to ship Dot registered in Ceylon
174. Prohibition on sailing without survey, &c
175. Prohibition on excess loading
176. Issue of Ceylon Load Line Certificate
177. Certificates to be produced prior to clearance
178. Power of inspection
179. Power of exemption In relation to ships on certain International voyages
180. Power of exemption in relation to ships under eighty tons, &c
181. Power of exemption in relation to ships with novel features
182. Power of exemption in relation to ships in Ceylon
183. Power of exemption in relation to single voyage
184. Power to impose conditions
185. Exemption certificates
186. Collision regulations
187. Observance of collision regulations
188. Local rules for navigation in ports, &c
189. Inspection as to lights and fog signals
190. Method of giving helm orders
191. Reports of accidents to ships
192. Notice of loss of Ceylon ship to he given to the Director
193. Interpretation
194. Injury to lighthouses
195. Prevention of false lights
196. Notice under section 195
197. Penalty
198. Powers of Director and of hers on failure to extinguish false light, &c
199. Obligation to assist. ships, &c., in distress
200. Right to requisition ships when in distress
201. General duty to render assistance to persons in danger at sea
202. Duty of ship to assist the other in case of collision
203. Assistance to persons in danger
204. Salvage rights not affected
205. Sending unseaworthy ship to sea an offence
206. Obligation of ship owner to crew with respect to seaworthiness
207. Power to detain unsafe ships
208. Method of detention of unsafe ships
209. Supplementary provisions relating to detention
210. Exercise of powers
211. Liability for costs and damages
212. Power to require complainant to give security for costs
213. Survey of ship alleged by seamen to be unseaworthy
214. Appointment of Surveyor
215. Costs of survey
216. Interpretation
217. Constitution of Court of Survey
218. Power and procedure of Courts of Survey
219. Report of the Court of Survey
220. Rules of procedure. Cap. 6
221. Reference in difficult cases to scientific referees
222. Payments to officers of Courts, &c
223. Indemnity
224. Interpretation
225. Appointment of Principal Receiver of Wrecks and receivers
226. Fees of receiver of wrecks
227. Duty of receiver where vessel is in distress
228. Power of receiver in case of vessels in distress
229. Powers to pass over adjoining lands
230. Power of receiver to suppress plunder and disorder by force
231. Exercise of powers of receiver in his absence
232. Examination in respect of ships in distress
233. Rules to be observed by persons finding wreck
234. Penalty for taking wreck at the time of casualty
235. Notice of wreck to be given by receiver
236. Claims of owners to wreck
237. Immediate sale of wreck by receiver in certain cases
238. Provisions as to duties. &c. on wrecked goods
239. Right to unclaimed wreck
240. Disposal of unclaimed wreck
241. Delivery of unclaimed wreck by receiver not to prejudice title
242. Removal of wreck by harbour or conservancy authority
243. Prohibition of the receipt &c., of wrecks by certain courts
244. Breaking and removal of wrecks
245. Powers of removal to extend to tackle, cargo, &c
246. Powers to be cumulative
247. Taking wreck to a foreign port
248. Boarding wreck, &c
249. Interfering with wreck, &c
250. Summary procedure for concealment of wreck
251. Salvage of life
252. Salvage of cargo
253. Services to which sections 251 and 252 do not apply
254. Where both ressets belong to the same owner.
255. Determination of salvage disputes
256. Power of Supreme Court in relation to salvage agreements
257. Summary determination of salvage disputes
258. Appeal in case of salvage disputes
259. Valuation of property by receiver
260. Detention of property liable to salvage by receiver
261. Sale of detained property
262. Apportionment of salvage amongst owners, &c., of foreign vessel
263. Apportionment of salvage not exceeding two thousand rupees by receiver
264. Apportionment of salvage by Supreme Court
265. Application to the Government
266. Shipping casualties
267. Preliminary inquiry into shipping casualties,
268. Formal investigation as to shipping casualties
269. Power of Court of investigation to inquire into charges against masters, mates and engineers
270. Power of Director to direct inquiry into charges of incompetency or misconduct
271. Power to arrest witnesses and enter ships
272. Power to commit for trial and bind over witnesses
273. Power of Courts as to certificates
274. Power of Court to censure master, mate or engineer of a ship
275. Power of Court to remove master of a ship and appoint new master
276. The delivery of certificate cancelled or suspended
277. Effect of cancellation or suspension of certificates
278. Suspended certificate not to be endorsed
279. Rehearing of an appeal from inquiries and investigations
280. Rules relating to inquiries and investigations. Cap. 6
281. Powers of Director to cancel, suspend, &c., certificate of master, mate, or engineer of a ship
282. Limitation of time for summary proceedings.Cap. 101
283. Liability of shipowners
284. Offences by bodres of persons, servants and agents
285. Who may prosecute
286. Compounding of offences
287. Jurisdiction of Magistrates' Courts, &c
288. Provision as to jurisdiction over offences
289. Jurisdiction over ships lying off the coast
290. Jurisdiction in case of offences on board ship
291. Application of fines
292. Conviction under other law
293. Power to arrest foreign ship that has occasioned damage
294. Enforcing detention of ship
295. Proper officer of customs to be informed of detention of ship
296. Cost of detaining ship
297. Notice to Consular officer on detention of foreign ship
298. Sums ordered to be paid leviable by distress on ship
299. Inquiries into deaths of crew members and others
300. Depositions to be received in evidence where witness cannot be produced
301. Proof of attestation not required
302. Admissibility of documents in evidence
303. Notices, &c., to be in writing
304. Service of documents
305. All officers. &c., to be public servants
306. Protection of public servants
307. Interpretation of certain terms in this Chapter
308. Powers of authorized officers to board ships
309. Power of requiring production of documents, &c
310. Inspections
311. Power of arrest
312. Returns by Surveyors
313. Appointment of inspectors
314. Powers of inspectors
315. Witnesses
316. Obstruction of inspector
317. Power of Director to prescribe forms
318. Exemption from stamp duty
319. Offences in respect of use of forms
320. Power to apply Act to ships of other countries, and to exempt such ships
321. General power to make regulations
322. Indemnity to Government
323. General power of exemption
324. Interpretation
325. Repeal
326. Transitional provisions relating to registered ships
327. Provisions relating to tonnage measurement;
328. Provisions relating to ships' names, &c
329. Provisions relating to forms of bills of sale, &c
330. Application of safety and load line regulations
331. Act to override certain other legislation.Cap.198. Cap. 369
332. Temporary continuance of certain rules
333. Regulations for resolving transitional difficulties
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