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Section 176: Definitions.

The Merchant Shipping Act, 2025Central Act · Act 24 of 2025

In this Chapter, unless the context otherwise requires,---

(a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage or creates a grave and imminent threat of causing such damage;

(b) "oil" means any persistent hydrocarbon mineral oil such as crude oil, fuel oil, heavy diesel oil and lubricating oil whether carried onboard a ship as cargo or in the bunkers of such ship;

(c) "person" means any individual or partnership or any public or private body, whether corporate or not, including a State or any of its constituent sub-divisions;

(d) "pollution damage" means,---

(i) loss or damage caused outside the ship by contamination resulting from the escape or discharge of oil from the ship, wherever such escape or discharge occurs:

Provided that compensation for impairment of the environment other than loss of profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; and

(ii) the costs of preventive measures and further loss or damage caused by preventive measures;

(e) "preventive measures" means any reasonable measures taken by any person after an incident has occurred to prevent or minimise pollution damage;

(f) "ship" means any sea-going vessel and seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo:

Provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard;

(g) "ship owner" means,---

(i) the person registered as the owner of the ship; or

(ii) in the absence of registration, the person owning the ship; or

(iii) in the case of a ship owned by any State, the persons registered in that State as the operator of such ship.

Where this provision sits

ActThe Merchant Shipping Act, 2025
Section176
Marginal noteDefinitions.
JurisdictionCentral
StatusIn force as published by the source

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