| 1.
| | This Act may be cited as the Merchant Shipping Act, No. 52 of 1971, 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. |
| 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. |