| 1.
| | This Act may be cited as the Merchant Shipping Act, and shall come into operation on such date* [* Not in operation on 30th June, 1956. ] as the Minister may appoint by Order published in the Gazette. |
| 2.
| | Definitions of " Commonwealth ship" and " Ceylon ship ". |
| 3.
| | Application of Part II to fishing boats. |
| 4.
| | Partial application of Part II to pleasure yachts. |
| 5.
| | Certificates of competency to be held by officers of ships. |
| 6.
| | Grades of certificates of competency. |
| 7.
| | Examinations for certificates of competency. |
| 8.
| | Fees on examinations. |
| 9.
| | Grant of certificates. |
| 10.
| | Certificate of service for naval officers. |
| 11.
| | Form and record of certificate. |
| 12.
| | Loss of certificate. |
| 13.
| | Recognition of certificates of competency granted in any country of the British Commonwealth. (57 & 58 Vict, c. 60.) |
| 14.
| | Certificate to be returned for cancellation on death of holder. |
| 15.
| | Production of certificates of competency. |
| 16.
| | Forgery, &c, of certificate of competency. |
| 17.
| | Assistance to be given by Registrar of Shipping and Seamen and shipping masters as to sea service. |
| 18.
| | Special provisions as to apprenticeship to the sea service. |
| 19.
| | Production of indentures to shipping master before voyage in foreign-going ship. |
| 20.
| | Licences for supply of seamen and maintenance of lodging-houses. |
| 21.
| | Penalty for engaging seamen without licence. |
| 22.
| | Penalty for receiving remuneration from seamen for engagement. |
| 23.
| | Agreements with crew and identity cards. |
| 24.
| | Form, period, and conditions of agreement with the crew. |
| 25.
| | Special provisions as to agreements with crews of foreign-going ships. |
| 26.
| | Special provisions as, to agreements with crews of home-trade ships. |
| 27.
| | Fees payable on engagements. |
| 28.
| | Changes in crew of foreign-going ship to be reported. |
| 29.
| | Certificate as to agreement with crew of foreign-going ship. |
| 30.
| | Certificate as to agreement with crew of home-trade ship. |
| 31.
| | Copy of agreement to be made accessible to crew. |
| 32.
| | Forgery, &c, of agreements with crew. |
| 33.
| | Alterations in agreements with crew. |
| 34.
| | Seamen not to be bound to produce agreement. |
| 35.
| | Agreements with Asian seamen to contain special stipulations. |
| 36.
| | Master of foreign ship engaging seaman to give bond for payment of expenses of repatriation. |
| 37.
| | Inspection of foreign ships in connexion with engagement of Asian seamen. |
| 38.
| | Rating of seamen. Grant of certificates of service. (57 & 58 Vict, c. 60.) |
| 39.
| | Discharge before shipping master. |
| 40.
| | Certificate of discharge and return of certificate to officer on discharge. |
| 41.
| | Reports of seamen's characters. |
| 42.
| | Fees payable on discharge. |
| 43.
| | False or forged certificate of discharge or report of character. |
| 44.
| | Payment of wages before shipping master. |
| 45.
| | Master to deliver accounts of wages. |
| 46.
| | Deductions from wages of seamen. |
| 47.
| | Notice of disrating of seamen. |
| 48.
| | Time of payment of wages for foreign-going ships. (57 & 53 Vict. c. 60.) |
| 49.
| | Time of payment of wages for home-trade ships. |
| 50.
| | Settlement of wages. |
| 51.
| | Decision of questions by-shipping masters. |
| 52.
| | Power of shipping master to require production of ship's papers. |
| 53.
| | Rules as to payment of seamen in foreign money. |
| 54.
| | Advances restricted. |
| 55.
| | Regulations as to allotment notes. |
| 56.
| | Allotments in favour of savings banks. |
| 57.
| | Master to give facilities to seamen for remitting wages. |
| 58.
| | Right of suing on allotment notes. |
| 59.
| | Time for payment of allotment notes. |
| 60.
| | Right to wages, &c, when to begin. |
| 61.
| | Right to recover wages and salvage not to be forfeited. |
| 62.
| | Wages not to depend on freight. |
| 63.
| | Wages not to accrue during refusal to work or imprisonment. |
| 64.
| | Forfeiture of wages, &c, of seaman where illness caused by his own default. |
| 65.
| | Costs of procuring punishment may be deducted from wages. |
| 66.
| | Compensation to seamen improperly discharged. |
| 67.
| | Restriction on sale of, and charge upon, wages. |
| 68.
| | Summary proceedings for wages. |
| 69.
| | Restriction or suits for wages. |
| 70.
| | Remedies of master for wages, disbursements, &c. |
| 71.
| | Powers of court in case of unreasonable delay in paying master's wages. |
| 72.
| | Power of court to rescind contract between owner or master and seaman or apprentice. |
| 73.
| | Property of seamen who die during voyage. |
| 74.
| | Dealing with and account of property of seamen who die during voyage. |
| 75.
| | Penalty for non-compliance with provisions as to property of deceased seamen. |
| 76.
| | Property of deceased seaman left in Ceylon, but not on board ship. |
| 77.
| | Recovery of wages, &c, of seamen lost with their ship. |
| 78.
| | Property of seamen dying at home. |
| 79.
| | Payment over of property of deceased seaman by Director. |
| 80.
| | Dealing with deceased seaman's property when he leaves a will. |
| 81.
| | Claims by-creditors. |
| 82.
| | Dealing with unclaimed property of deceased seaman. |
| 83.
| | Penalty for forcing seamen on shore. |
| 84.
| | Complaints as to provisions or water. |
| 85.
| | Inspection of provisions and water. |
| 86.
| | Allowance for short or bad provisions. |
| 87.
| | Weights and measures on board. |
| 88.
| | Regulations respecting medicines, &c. |
| 89.
| | Inspection of medicines, &c. |
| 90.
| | Expenses of medical attendance in case of injury or illness. |
| 91.
| | Recovery of expenses from owner. |
| 92.
| | Accommodation for seamen. |
| 93.
| | Facilities for making complaint. |
| 94.
| | Assignment or sale of salvage invalid. |
| 95.
| | No debt exceeding Rs. 2.50 recoverable till end of voyage. |
| 96.
| | Penalty for overcharges by lodging-house keepers. |
| 97.
| | Penalty for detaining seamen's effects. |
| 98.
| | Penalty for solicitations by lodging-house keepers. |
| 99.
| | Penalty for being on board ship without permission before seamen leave. |
| 100.
| | Misconduct endangering life or ship. |
| 101.
| | Desertion and absence without leave. |
| 102.
| | Provisions as to failure to join ship and desertion. |
| 103.
| | Conveyance of deserter on board ship. |
| 104.
| | Power of court to order offender to be taken on board ship. |
| 105.
| | Seaman imprisoned for desertion may be sent on board before term of imprisonment completed. |
| 106.
| | General offences against discipline. |
| 107.
| | Summary remedies not to affect other remedies. |
| 108.
| | Penalty for false statement as to last ship or name. |
| 109.
| | Entry of offences in official log. |
| 110.
| | Facilities for " proving desertion in proceedings for forfeiture of wages. |
| 111.
| | Application of forfeitures. |
| 112.
| | Decision of questions of forfeiture and deductions in suits for wages. |
| 113.
| | Ascertainment of amount of forfeiture out of wages. |
| 114.
| | Deductions of fines from wages and payment to shipping master. |
| 115.
| | Penalty for enticing to desert and harbouring deserters. |
| 116.
| | Penalty on stowaways. |
| 117.
| | Official logs to be kept and to be evidence. |
| 118.
| | Entries required in official logbook. |
| 119.
| | Offences in respect of official logs. |
| 120.
| | Delivery of official logs to shipping master. |
| 121.
| | Official logs to be sent home in. case of transfer of ship, and in case of loss. |
| 122.
| | Appointment of chief shipping master, &c. |
| 123.
| | Duties of shipping masters and fees payable to shipping masters. |
| 124.
| | Register of deserters. |
| 125.
| | Statement of fees to be posted in shipping office. |
| 126.
| | Power to dispense with transaction of certain matters at shipping offices. |
| 127.
| | Prohibition of taking of unauthorized remuneration by shipping masters and deputy shipping masters. |
| 128.
| | Appointment of Registrar of Shipping and Seamen. |
| 129.
| | Register of seamen. |
| 130.
| | Returns of births and deaths in Ceylon ships. (57 & 53 Vict. c. 60.) |
| 131.
| | Transmission of documents to Registrar of Shipping and Seamen by shipping masters and other officers. |
| 132.
| | Documents to be handed over to successor on change of master. |
| 133.
| | Annual survey of passenger steamers. |
| 134.
| | Mode of survey and declaration of survey. Application of provisions where valid Safety Convention certificate is produced. |
| 135.
| | Transmission of declarations. |
| 136.
| | Issue of passenger steamer's certificate, &c. |
| 137.
| | Appeal to court of survey. |
| 138.
| | Transmission of certificate. |
| 139.
| | Fees for certificate. |
| 140.
| | Duration of certificate. |
| 141.
| | Alteration of ships and additional surveys. |
| 142.
| | Cancellation of certificates. |
| 143.
| | Fees for survey, &c, under sections 141 and 142. |
| 144.
| | Delivery up of. certificate. |
| 145.
| | Equipment of passenger steamers with compasses, means of making signals, deck shelters, and safety appliances. (22 Geo. v, c. 9) |
| 146.
| | Prohibition of increasing weight on safety-valve. |
| 147.
| | Offences in connexion with passenger steamers. |
| 148.
| | Power to exclude drunken passengers on home-trade passenger steamers. . |
| 149.
| | Foreign-going passenger steamers to carry medical practitioners. (57 & 53 Vict. c. 60.) |
| 150.
| | Passenger sailing ship not to sail without licence, or licence and certificate. |
| 151.
| | Contents and duration of licence. |
| 152.
| | Cancellation of licence. |
| 153.
| | Survey of passenger sailing ships. |
| 154.
| | Delivery up of. licence. |
| 155.
| | Recognition of licences and certificates of seaworthiness issued out of Ceylon. |
| 156.
| | Contents of certificate. |
| 157.
| | Power to withhold certificate where cargo prejudicial to health or safety of passengers. |
| 158.
| | Power of Minister to make regulations relating to passenger sailing ships. |
| 159.
| | Passenger ships to sail only from appointed ports. Passengers not to be embarked or disembarked at other ports. |
| 160.
| | Posting up of passenger steamer's certificate or passenger sailing ship's licence. |
| 161.
| | Master of passenger ship to furnish particulars of passengers carried to Ceylon, if required. |
| 162.
| | Owner or agent of passenger ship to furnish particulars of passengers carried from Ceylon, if required. |
| 163.
| | Penalty on master or owner for non-compliance with provisions as to passenger ships. |
| 164.
| | Penalty for carrying passengers in excess. |
| 165.
| | Passengers landed or embarked by means of tenders. |
| 166.
| | Inspection as to lights and fog signals. |
| 167.
| | Reports to the Director of accidents to ships. |
| 168.
| | Notice of loss of Ceylon ship to be given to the Director. |
| 169.
| | Regulations as to life-saving appliances. |
| 170.
| | Duties of owners and masters as to carrying life-saving appliances. (57 & 53 Vict. C. 60.) (22 Geo. v, c. 9.) |
| 171.
| | Penalty for breach of rules or regulations. |
| 172.
| | Survey of ships with respect to life-saving appliances. |
| 173.
| | Production of entry in logbook of boat drill, &c. (6 Edw. vii, c. 48.) (22 Geo. v, c. 9. |
| 174.
| | Application of regulations as to life-saving appliances to foreign ships in Ceylon waters. (6 Edw. vii, c. 48.) |
| 175.
| | Adjustment of compasses. |
| 176.
| | Duty of Minister to make regulations for determining the validity of Load Line Convention certificates. Definitions. |
| 177.
| | Ships exempt from provisions relating to load lines. |
| 178.
| | Definition of " load line ships ". |
| 179.
| | Duty of Minister to make "load line regulations ". |
| 180.
| | Marking of deck-lines and load lines. (57 & 58 Vict. c. 60.) |
| 181.
| | Submersion of load line. |
| 182.
| | Miscellaneous offences in relation to marks. |
| 183.
| | Inspection of ships with respect to load lines. |
| 184.
| | Issue of load line certificates and effect thereof. |
| 185.
| | Duration, renewal, and cancellation of certificates. |
| 186.
| | Ships not to proceed to sea without certificate. |
| 187.
| | Publication of load line certificate and particulars relating to depth of loading. |
| 188.
| | Insertion of particulars as to load lines in agreements with crew. |
| 189.
| | Survey, marking, and conditions of assignment in the case of ships not registered in Ceylon. |
| 190.
| | Submersion of load line on ships not registered in Ceylon. |
| 191.
| | Inspection of ships not registered in Ceylon. |
| 192.
| | Inspection and control of Load Line Convention ships. |
| 193.
| | Load line certificate of ships not registered in Ceylon. |
| 194.
| | Certificate to be produced to customs by ships not registered in Ceylon. |
| 195.
| | Power of Minister to make regulations as to loading of deck cargo. |
| 196.
| | Wireless telegraphy requirements Offence and penalty. |
| 197.
| | Inspection of ships by wireless telegraphy surveyors. |
| 198.
| | Application of sections 196 and 197 to ships not registered in Ceylon. |
| 199.
| | Wireless telegraphy provisions applicable to ships holding Safety Convention certificates. |
| 200.
| | Ship may be detained until deficiency in wireless telegraphy equipment is remedied. |
| 201.
| | Duty of Minister to make regulations. |
| 202.
| | Obligations in respect of wireless telegraphy to be in addition to those imposed by the Telecommunications Ordinance. |
| 203.
| | Power to detain unsafe ships, and procedure for detention. |
| 204.
| | Liability for costs and damages. |
| 205.
| | Power to require from complainant security for costs. |
| 206.
| | Application to foreign ships of provisions as to detention. |
| 207.
| | Safety Convention passenger steamer not to be detained if condition of steamer corresponds substantially with certificate. |
| 208.
| | Survey of ships alleged by seamen to be unseaworthy. |
| 209.
| | Authority of District Courts to make inquiries into shipping casualties and conduct of officers. |
| 210.
| | Shipping inquiries to be subject to the provisions of Part VI of the Merchant Shipping Act, 1394, of the United Kingdom. (57 & 58 Vict. c. 60.) |
| 211.
| | Shipping casualties. |
| 212.
| | Preliminary investigation into shipping casualties. |
| 213.
| | Formal inquiry as to shipping casualties. |
| 214.
| | List of assessors. |
| 215.
| | Power of Director to cause inquiry into conduct of certificated officer. (57 & 53 Vict c. 60.) |
| 216.
| | Power of District Court as to certificates. |
| 217.
| | Delivery of certificate cancelled or suspended. |
| 218.
| | Rules as to formal inquiries. (57 & 58 Vict. c. 60.) Definition. |
| 219.
| | Constitution of court of survey. |
| 220.
| | Powers and procedure of court of survey. |
| 221.
| | Rules for procedure of court of survey, &c. |
| 223.
| | Reference in difficult cases to scientific persons. |
| 224.
| | Payments to officers of courts. |
| 225.
| | Definitions. |
| 226.
| | Duty of receiver where vessel in distress. |
| 227.
| | Powers of the receiver in case of vessels in distress. |
| 228.
| | Power to pass over adjoining lands. |
| 229.
| | Power of receiver to suppress plunder and disorder by force. |
| 230.
| | Exercise of powers of receiver in his absence. |
| 231.
| | Examination in respect of ships in distress. |
| 232.
| | Rules to be observed by persons finding wreck. |
| 233.
| | Penalty for taking wreck at time of casualty. |
| 234.
| | Notice of wreck to be given by receiver |
| 235.
| | Claims of owners to wreck. |
| 236.
| | Immediate sale of wreck by receiver in certain cases. |
| 237.
| | Unclaimed wreck to be sold and proceeds paid into the Consolidated Fund. |
| 238.
| | Delivery of unclaimed wreck by receiver not to prejudice title. |
| 239.
| | Removal of wreck by Master Attendant. |
| 240.
| | Powers of removal to extend to tackle, cargo, &c. |
| 241.
| | Powers to be cumulative. |
| 242.
| | Removing wreck outside territorial limits. |
| 243.
| | Interfering with wrecked vessel. |
| 244.
| | Summary procedure for concealment of wreck. |
| 245.
| | Salvage of cargo or wreck within territorial limits. |
| 246.
| | Valuation of property by receiver. |
| 247.
| | Detention of property liable for salvage by a receiver. |
| 248.
| | Sale of detained property by receiver. |
| 249.
| | Apportionment of salvage under Rs. 2,000 by receiver. |
| 250.
| | Apportionment of salvage by court. |
| 251.
| | Appointment of receivers of wreck. |
| 252.
| | Receivers' fees. |
| 253.
| | Provisions as to duties, &c, on wrecked goods. |
| 254.
| | Injury to lighthouses. |
| 255.
| | Prevention of false lights. |
| 256.
| | Prosecutions, by whom to be instituted. |
| 257.
| | Trial in Ceylon of offences under the Merchant Shipping Acts of the United Kingdom. |
| 258.
| | Limitation of time for summary proceeding. |
| 259.
| | Provision as to jurisdiction in case of offences. |
| 260.
| | Jurisdiction over ships lying off the coasts. |
| 261.
| | Power to arrest foreign ship that has occasioned damage. |
| 262.
| | Inquiry into cause of death on board ship. (57 & 58 Vict. c. 60.) |
| 263.
| | Depositions to be received in evidence when witness cannot be produced. |
| 264.
| | Enforcing detention of ship. |
| 265.
| | Notice to be given to consular officer where proceedings taken in respect of foreign ship. |
| 266.
| | Cost of detaining ship. |
| 267.
| | Sums ordered to be paid leviable by distress on ship. |
| 268.
| | Proof of attestation not required. |
| 269.
| | Admissibility of documents in evidence. |
| 270.
| | Service of documents. |
| 271.
| | All officers, &c, to be public servants. |
| 272.
| | Protection of public servants. |
| 273.
| | The Director of Merchant Shipping to administer Act. Exercise of powers by deputies and assistants. |
| 274.
| | Appointment of officers, &c. |
| 275.
| | Power of Director to appoint places to be shipping offices. |
| 276.
| | Proof of documents. |
| 277.
| | Power of Director to prescribe forms. |
| 278.
| | Exemption from stamp duty. |
| 279.
| | Offences in respect of use of forms. |
| 280.
| | Powers for seeing that Act is complied with, |
| 281.
| | Appointment of surveyors, of ships. |
| 282.
| | Powers of surveyor of ships for purpose of survey of ships. |
| 283.
| | Appointment of wireless telegraphy surveyors. |
| 284.
| | Powers of wireless telegraphy surveyor for purposes of survey. |
| 285.
| | Appointment of inspectors to report on accidents, &c. |
| 286.
| | Powers of inspectors. |
| 287.
| | Penalty for obstructing inspectors in the execution of their duty. |
| 288.
| | Duty of Minister to make regulations for determining the validity of Safety Convention certificates. Definitions. Modifications of Safety Convention certificates. |
| 289.
| | Power of Minister to make regulations. |
| 290.
| | Approval of regulations, &c, by Senate and House of Representatives. |
| 291.
| | Notices, &c, to be in writing and provision as to sending by post. |
| 292.
| | Exemption of Her Majesty's ships. |
| 293.
| | Foreign, &c., ships to be exempted under certain conditions from certain requirements of this Act. (15 & 16 Geo. v, c. 37.) |
| 294.
| | Dispensing powers of Minister. |
| 295.
| | Certain provisions of the Masters Attendant Ordinance not to apply-to passenger ships. |
| 296.
| | Certain provisions of the Boats Ordinance not to apply-to passenger ships. |
| 297.
| | Interpretation. |
| 298.
| | Application of the Act to ships propelled by electricity, &c. |
| 299.
| | Tonnage of foreign ships. |
| 300.
| | Application of Merchant Shipping Acts of the United Kingdom. |
| 301.
| | Repeals. |
|