MERCHANT SHIPPING ACT
Arrangement of Sections
PART I
INTRODUCTORY
1. Short title.
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 office.
10. Appointment of Surveyors.
11. Chief Registrar and Registrars of Sri Lanka Ships.
12. Minister may delegate certain duties.
13. Appointment of Registrar of Seamen.
PART II
CONTROL OF SHIPPING
14. Application of this Part.
15. Restriction on chartering of ships.
16. Licenses to take ships to sea.
17. Revocation 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 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.
PART III
REGISTRY
CHAPTER 1
REGISTRATION OF SRI LANKA SHIPS
30. Qualification for owning Sri Lanka ship.
31. Obligation to register Sri Lanka 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 ship.
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 Sri Lanka ship to be registered as such.
46. Exemption.
CHAPTER 2
CERTIFICATE OF REGISTRY
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 ship lost or ceasing to be Sri Lanka ship.
CHAPTER 3
TRANSFER OF OWNERSHIP
56. Transfer of ship or share.
57. Declaration of transfer.
58. Registry of transfer.
59. Transmission of property in ship on bankruptcy death.
60. Order for sale on transmission to an unqualified person.
61. Transfer of ship or sale by order of Court.
62. Power of court to prohibit transfer.
CHAPTER 4
MORTGAGES
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 mortgages.
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.
72. Powers of mortgage and sale to be exercised outside Sri Lanka 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 sale.
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.
CHAPTER 5
MARITIME LIENS
80. Application.
81. Restriction on cancellation registration.
82. Restriction on registration.
83. Maritime liens.
84. Priority of liens.
85. Order of priority of liens.
86. Rights of shipbuilders and ship repairers.
87. Overriding nature of maritime liens.
88. Saving in relation to claims arising from radioactive products.
89. Limitation period.
90. When limitation period is interrupted.
91. Notice of sale to be given to mortgages, register.
92. Effect of sale on mortgages.
93. Disposition of proceeds of sale.
94. When a certificate that a ship is sold free of mortgages, liens, shall issue.
95. Action by Registrar on receipt of certificate.
CHAPTER 6
ALTERATIONS IN SHIPS AND REGISTRY
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.
CHAPTER 7
MISCELLANEOUS PROVISIONS
103. Provision for case of incapacity.
104. Notice of trusts not received.
105. Liability of owners.
106. Definition of beneficial interest.
107. Managing owner.
108. Power to dispense with declarations.
109. Mode of making declarations.
110. Returns to be made by Registrars.
111. Evidence of register book, certificate of registry and other documents.
112. Forgery of documents.
113. False declarations.
CHAPTER 8
RIGHTS AND OBLIGATIONS OF SRI LANKA AND OTHER SHIPS
114. Trade in Sri Lanka waters.
115. National character of ship to be declared on clearance.
116. Penalty for unduty assuming Sri Lanka character.
117. Penalty for concealment of Sri Lanka or assumption of foreign character.
118. Penalty for acquiring ownership if unqualified.
119. Liabilities of ship not recognised as Sri Lanka ship.
120. National colours.
121. Showing of National Ensign.
122. Proceedings on forfeiture of ship.
123. Protection of officers.
PART IIIA
PARALLEL REGISTRATION
123A. Interpretations.
123B. This Part to apply to parallel registration.
123C. Parallel registration of ships.
123D. Requirements registration.
123E. Procedure for parallel registration.
123F. Ship to fly Sri Lanka flag.
123G. Mortgages in the case of parallel registration.
123H. Cancellation of registration.
123J. Section 116 or 118 not to apply.
123K. Regulations.
PART IV
MASTERS AND SEAMEN
CHAPTER 1
PRELIMINARY
124. Application.
125. Interpretation.
CHAPTER 2
QUALIFICATIONS AND MANNING
126. Regulations relating to qualifications of officers and seamen, the manning of ship.
CHAPTER 3
CONDITIONS OF SERVICE
127. Regulations relating to conditions of service.
CHAPTER 4
DOCUMENTATION AND RETURNS
128. Regulations relating to official log-books.
129. Regulations relating to returns of births and deaths in Sri Lanka ships.
130. Regulations relating to returns of births and deaths of citizens in ships not registered in Sri Lanka.
131. Handing over of documents on change of master.
CHAPTER 5
GENERAL
132. Stowaways.
133. Unauthorised presence on board ship.
134. Master’s power of arrest.
135. Unregistered Sri Lanka ship.
136. National Welfare Board for seamen.
137. Prohibition of the maintenance of a seamen’s lodging house without a licence.
PART V
CONSTRUCTION, EQUIPMENT AND SURVEY
CHAPTER 1
PRELIMINARY
138. Interpretation.
CHAPTER 2
POWERS OF MINISTER
139. Regulations relating to safety at sea.
140. Savings.
141. Power of Minister to exempt.
142. Saving relating to ships taking refuge from weather.
CHAPTER 3
CERTIFICATES AND SURVEY
143. Prohibition on passenger ship sailing without certificates.
144. Prohibition on cargo ship sailing without certificates.
145. Variation of certificates on amendment of Convention.
146. Production of certificates.
147. Surveys and declarations of Survey.
148. Issue of certificates.
149. Minister may approve organisations 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 Sri Lanka.
154. Issue of certificates to foreign ships in Sri Lanka and to Sri Lanka ships in foreign countries.
155. Penalty for alteration in ship after certificate has been issued.
156. Penalty for forgery of certificate or declaration.
CHAPTER 4
GENERAL
157. Information about ship’s stability.
158. Signaling lamps.
PART VI
LOAD LINES
CHAPTER 1
PRELIMINARY
159. Interpretation.
160. Application.
161. Definition of “international voyage”.
162. Definition of “new ship”.
163. Definition of “valid Convention certificate”.
164. Regulations relating to load lines.
165. Regulations relating to deck cargo.
CHAPTER 2
SHIPS REGISTERED IN SRI LANKA
166. Prohibition on sailing without certificates.
167. Prohibition in excess loading.
168. Penalties concerning marking of ships.
169. Issue of certificates.
170. Presumptions arising on issue of certificates.
171. Certificate to be produced prior to clearance.
172. Duties of owner and master on issue of certificate.
CHAPTER 3
SHIPS NOT REGISTERED IN SRI LANKA
173. Issue of certificate to ship not registered in Sri Lanka.
174. Prohibition on sailing without survey.
175. Prohibition on excess loading.
176. Issue of Sri Lanka Load Line Certificate.
177. Certificates to produced prior to clearance.
178. Power of inspection.
CHAPTER 4
EXEMPTIONS
179. Power of exemption in relation to ships on certain international voyages.
180. Power of exemption in relation to ships under eighty tons.
181. Power of exemption in relation to ships with novel features.
182. Power of exemption in relation to ships in Sri Lanka.
183. Power of exemption in relation to single voyage.
184. Power to impose condition.
185. Exemption certificate.
PART VII
SAFETY OF NAVIGATION
CHAPTER 1
PREVENTION OF COLLISIONS
186. Collision regulation.
187. Observance of collision regulations.
188. Local rules for navigation in ports.
189. Inspection as to lights and fog signals.
190. Method of giving helm orders.
CHAPTER 2
REPORTS OF ACCIDENTS AND LOSSES OF SHIPS
191. Reports of accidents to ships.
192. Notice of loss of Sri Lanka ship to be given to the Director.
CHAPTER 3
LIGHT HOUSES
193. Interpretation.
194. Injury to lighthouses.
195. Prevention of false lights.
196. Notice under section 195.
197. Penalty.
198. Powers of Director and failure to extinguish false light.
CHAPTER 4
ASSISTANCE
199. Obligation to assist ships 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.
CHAPTER 5
UNSEAWORTHY SHIPS
205. Sending unseaworthy ship to sea an offence.
206. Obligation of ship owner to crew with respect to sea worthiness.
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.
PART VIIA
PREVENTION OF POLLUTION FROM SHIPS
CHAPTER 1
PRELIMINARY
215A. Interpretation.
215B. Regulations.
CHAPTER 2
CERTIFICATE
215C. Prohibition on ships sailing without certificate issued under this Part.
215D. Variation of certificate on amendment of Convention.
215E. Production of certificate.
215F. Survey, examination or investigation.
215G. Issue of certificate.
215H. Period of validity of certificate.
215I. Cancellation or suspension of certificate.
215J. Information relating to cancellation or suspension.
215K. Recognition of certificate issued outside Sri Lanka.
PART VIII
COURTS 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.
221. Reference in difficult cases to scientific referees.
222. Payments to officers of Courts.
223. Indemnity.
PART IX
WRECK AND SALVAGE
CHAPTER 1
PRELIMINARY
224. Interpretation.
225. Appointment of Principal receiver of Wrecks and receivers.
226. Fees of receiver of wrecks.
CHAPTER 2
VESSELS IN DISTRESS
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.
CHAPTER 3
DEALING WITH WRECK
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, on wrecked goods.
CHAPTER 4
UNCLAIMED WRECK
239. Right to unclaimed wreck.
240. Disposal of unclaimed wreck.
241. Delivery of unclaimed wreck by receiver not to prejudice title.
CHAPTER 5
REMOVAL OF WRECKS
242. Removal of wreck by harbour or conservancy authority.
243. Prohibition of the receipt wrecks by Admiralty Courts.
244. Breaking and removal of wrecks.
245. Powers of removal to extend to tackle, cargo.
246. Powers to be cumulative.
CHAPTER 6
OFFENCES IN RESPECT OF WRECK
247. Taking wreck to a foreign port.
248. Boarding wreck.
249. Interfering with wreck.
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 vessels belong to the same.
255. Determination of salvage disputes.
256. Power of High 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 of foreign vessel.
263. Apportionment of salvage not exceeding two thousand rupees by receiver.
264. Apportionment of salvage by High court.
265. Application to the Government.
PART X
LEGAL PROCEEDINGS
CHAPTER 1
CASUALTIES
266. Shipping casualties.
267. Preliminary inquiry into shipping or 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, male 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. Re-hearing of an appeal from inquiries and investigations.
280. Rules relating to inquiries and investigations.
281. Powers of Director to cancel, suspend, certificate of master, mate, or engineer of a ship.
282. Limitation of time for summary proceedings.
283. Liability of ship owners.
284. Offences by bodies of servants and agents.
285. Who may prosecute.
286. Compounding of offences.
CHAPTER 2
JURISDICTION
287. Jurisdiction of Magistrates’ court.
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.
CHAPTER 3
DETENTION OF AND DISTRESS ON SHIP
293. Power to arrest foreign ship that has occasioned damage.
294. Enforcing detention of ship.
295. Proper officer of customs to be informed 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.
CHAPTER 4
INQUIRIES INTO DEATHS
299. Inquiries into deaths of crew members and others.
CHAPTER 5
EVIDENCE AND SERVICE OF DOCUMENTS
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 to be in writing.
304. Service of documents.
CHAPTER 6
PROTECTION OF OFFICERS
305. All officers to be public servants.
306. Protection of public servants.
PART XI
SUPPLEMENTAL
CHAPTER 1
ENFORCEMENT OF ACT
307. Interpretation of certain terms in this Chapter.
308. Powers of authorised officers to under board ships.
309. Power of requiring production of documents.
310. Inspections.
311. Power of arrest.
312. Returns by Surveyors.
CHAPTER 2
INSPECTORS
313. Appointment of inspectors.
314. Powers of inspectors.
315. Witnesses.
316. Obstruction of inspector.
CHAPTER 3
DOCUMENTS AND FORMS
317. Power of Director to prescribe forms.
318. Exemption from stamp duty.
319. Offences in respect of use of forms.
CHAPTER 4
GENERAL
320. Power to apply Act to ships of countries, and to exempt such ships.
321. General power to make regulations.
321A. Implementing standards.
321B. Imposition of a penalty.
321C. Recovery of penalty.
321D. Panel of experts.
322. Indemnity to Government.
323. General power of exemption.
323A. Power of exemption.
324. Interpretation.
PART XII
REPEAL AND TRANSITIONAL
325. Repeal.
326. Transitional provisions registered ships.
327. Provision relating to tonnage measurement.
328. Provision relating ship name’s.
329. Provision relating to forms and bills of sale.
330. Application of international conventions.
331. Act to override certain other legislation.
332. Temporary continuance of certain rules.
333. Regulations for resolving transitional difficulties.
SCHEDULE
52 of 1971,
36 of 1988,
3 of 2006,
17 of 2019.
AN ACT to amend and consolidate the law relating to Merchant Shipping in force in Sri Lanka, and to make provision for matters connected therewith or incidental thereto.
[Date of Commencement: 25th January, 1972; Part II not in operation on 1st December, 1980]
PART I
INTRODUCTORY
1. Short title.
This Act may be cited as the Merchant Shipping Act, and shall come into operation on such date as the Minister may appoint by Order published in the Gazette. Different dates may be so appointed for the purposes of the different Parts or provisions of this Act.
2. Extension and application of Act.
This Act shall extend to the whole of Sri Lanka, and save as otherwise specifically provided, shall also apply to:
(a) all Sri Lanka ships wherever they may be;
(b) all ships registered or deemed to be registered under this Act wherever they may be;
(c) all ships, not being Sri Lanka ships, licensed under this Act to engage in the coasting trade, while engaged in such trade; and
(d) all other ships while in a port or place in, or within the territorial waters of, Sri Lanka:
Provided, however, that this Act shall not apply to any ships of, or commissioned for service in, the Sri Lanka Navy or, while employed otherwise than for profit in the service of Government, any other ships belonging to Government.
3. Appointment of Director of Merchant Shipping.
(1) There may be appointed, for the purposes of this Act, a Director of Merchant Shipping who shall have the general superintendence of this Act and the general supervision of all matters relating to shipping and seamen throughout Sri Lanka, and is authorised to carry the provisions of this Act into execution.
(2) Any officer generally or specially authorised in that behalf by the Director may exercise, perform or discharge any power, duty or function vested in, or imposed or conferred upon, the Director under this Act, and any act done by, to or before any such officer shall be as valid for the purposes of this Act as if it were done by, to or before the Director.
4. Power of Minister to give directions.
The Minister may, from time to time, give the Director-General directions, not inconsistent with the provisions of this Act or any other written law, on the policy to be pursued in the administration of this Act, and the Director shall forthwith take such steps as are necessary or expedient to give effect thereto.
5. Appointment of officers and servants.
(1) There may be appointed, for the purposes of this Act, such deputies and assistants to the Director, and such other officers as may be necessary.
(2) It shall be lawful for the Director to assign to such deputies or assistants and other officers as are referred to in subsection (1) the functions and duties to be carried out by them and every such officer discharging and performing any functions and duties under this Act shall be deemed, until the contrary is proved, to be the proper officer for the performance of that function or duty.
(3) Such officers as are referred to in subsection (1) may exercise, perform or discharge all or any of the powers, duties or functions conferred or imposed on or assigned to them under this Act.
(4) In the exercise, performance and discharge of the powers, duties or functions conferred or imposed on or assigned to them under this Act, the officers referred to in subsection (1) shall be subject to the directions and control of the Director.
6. Powers of Minister.
The Minister may assign any functions or duties under this Act to any person, by name or by office, and any such person shall, while discharging or performing any such functions or duties so assigned, be deemed to be a proper officer for the purposes of this Act. All such persons in discharging or performing any functions or duties assigned to them under this section shall be subject to the direction and control of the Director.
7. Appointment and duties of Shipping Officers.
(1) There may be appointed, for the purposes of this Act, such number of Shipping Officers (which term shall include Deputy or Assistant Shipping Officers) for each port in Sri Lanka as may be necessary.
(2) It shall be the duty of a Shipping Officer for a port—
This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.