| 1.
| | 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.(*25lh January, 1972. except Part II -See Gazette No. 14,994/6 of 1972-01-25. Part II not in operation on 31stDecember, 1980) |
| 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 Sri Lanka Ships. |
| 12.
| | Minister may delegate certain duties. |
| 13.
| | Appointment of Registrar of Seamen. |
| 14.
| | Application of this Part. |
| 15.
| | Restriction on chartering of ships. |
| 16.
| | Licenses 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 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. |
| 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 |
| 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 sale 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 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, & c. |
| 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. |
| 80.
| | Application. |
| 81.
| | Restriction on cancellation registration. |
| 82.
| | Restriction on registration. |
| 83.
| | Maritime liens. |
| 84.
| | Priority of liens. |
| 85.
| | Order of prority 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, & c. |
| 89.
| | Limitation period. |
| 90.
| | When limitation period is interrupted. |
| 91.
| | Notice of sale to be given to mortgages, register, & c. |
| 92.
| | Effect of sale on mortgages. &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 certificate. |
| 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 declarations, & c. |
| 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. |
| 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 recognized as Sri lanka 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 ship, & 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 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. |
| 132.
| | Stowaways. |
| 133.
| | Unauthorized 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. |
| 138.
| | Interpretation. |
| 139.
| | Regulations relating to safety at sea. |
| 140.
| | savings. |
| 141.
| | Power of Minister to exempt. |
| 142.
| | Saving relating to ships taking refuge from weather,& c |
| 143.
| | Prohibition 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 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. |
| 157.
| | information about ship's stability. |
| 158.
| | Signaling lamps. |
| 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, & c. |
| 165.
| | Regulations relating to deck cargo. |
| 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. |
| 173.
| | Issue of certificate to ship not registered in Sri Lanka. |
| 174.
| | Prohibition on sailing without survey, & c. |
| 175.
| | Prohibition on excess loading. |
| 176.
| | Issue of Sri Lanka Load Line Certificate. |
| 177.
| | Certificates to 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 Sri Lanka. |
| 183.
| | Power of exemption in relation to single voyage. |
| 184.
| | power to impose condition . |
| 185.
| | Exemption certificates. |
| 186.
| | collision regulation. |
| 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 Sri Lanka ship to be given lo 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 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 or 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 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. |
| 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, &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. |
| 33.
| | 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 harbor or conservancy authority. |
| 243.
| | Prohibition of the receipt, & c, wrecks by Admiralty 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, amp 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 vessels belong to the same owner. |
| 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, &c. 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. |
| 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 in competency 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.
| | Rehearing of an appeal from inquiries and investigations. |
| 280.
| | Rules relating to inquiries and investigations. |
| 281.
| | Powers of Director to cancel, suspend, & c, 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 persons, servants and agents. |
| 285.
| | Who may prosecute. |
| 286.
| | Compounding of offences. |
| 287.
| | Jurisdiction of Magistrates' court,& 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 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 under 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 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.
| | Provision relating to tonnage measurement . |
| 328.
| | Provision relating ship name's ,& c. |
| 329.
| | Provision relating to forms and bills of sale ,& c. |
| 330.
| | Application of safety and load line regulations. |
| 331.
| | Act to override certain other legislation. |
| 332.
| | Temporary continuance of certain rules. |
| 333.
| | Regulations for resolving transitional difficulties. |
|