Section No :  
Legislative Enactments
MERCHANT SHIPPING
Marginal Notes
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.