In this Act, unless the context otherwise requires,---
(1) "abandoned seafarer" means a seafarer who is deemed to have been abandoned in violation of the provisions of this Act or the rules made thereunder or the seafarers' employment agreement, where the ship owner---
(a) fails to cover the cost of the seafarer's repatriation; or
(b) has left the seafarer without the necessary maintenance and support; or
(c) has otherwise unilaterally severed ties with the seafarer including failure to pay contractual wages for a period of at least two months;
(2) "abandoned vessel" includes any of the following, namely:---
(a) a vessel which is abandoned by the ship owner without any hope of recovering it or without any intention of returning to it; or
(b) a vessel whose master has no financial means for its operation; or
(c) a vessel whose owner is unknown or cannot be traced within reasonable time, despite the Central Government duly notifying the flag State of the vessel or consulate of the country of domicile of the registered owner or the master; or
(d) a vessel whose owner fails to fulfil the ship owner's obligations under this Act towards ensuring safety, security, prevention of pollution or welfare of seafarers and whose insurer, salvor or contractor fail to fulfil such obligations within such reasonable time as may be specified by the Central Government; or
(e) a vessel restrained by any court or public authority in India in respect of which the public authority or the person assigned responsibility by the court to fulfil the ship owner's obligations under this Act towards ensuring safety, security, prevention of pollution or welfare of seafarers, fails to do so.
Explanation.---For the purposes of sub-clause (d), failure on part of the ship owner shall also include failure on part of the charterer, manager or operator of the vessel;
(3) "agent", in relation to a vessel, means a person authorised to act as such by the owner and if such vessel is in port, the agent shall also have authorisation from the port;
(4) "Anti-Fouling Systems Convention" means the International Convention on Control of Harmful Anti-fouling Systems on Ships, 2001, signed in London on 5th day of October, 2001;
(5) "audit" means a systematic and independent examination to determine whether the management system as provided in the Safety Convention complies with the planned arrangements and such arrangements are implemented effectively and are sufficient to achieve the objectives of the said convention;
(6) "Ballast Water Management Convention" means the International Convention for the Control and Management of Ships'Ballast Water and Sediments, 2004, signed in London on the 13th day of February, 2004;
(7) "baseline" means the baseline referred to in sub-section (2) of section 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976);
(8) "certificate of competency" or "certificate of proficiency" means the certificate of competency or certificate of proficiency granted under sub-section (1) of section 46;
(9) "chief ship surveyor" means the chief ship surveyor specified in sub-clause (iii) of clause (d) of sub-section (1) of section 8;
(10) "chief surveyor" means the chief surveyor specified in sub-clause (ii) of clause (d) of sub-section (1) of section 8;
(11) "Civil Liability Convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992;
(12) "coastal waters" means any part of territorial waters of India, along with any part of the adjoining maritime zones of India within the meaning of the Terriorial Waters, Continental Shelf, Exclusive Economic Zone and Other Maritime Zones Act, 1976 (80 of 1976), or any other law for time being in force;
(13) "coasts" include the coasts of creeks and any part of the sea or any part of a river within the ebb and flow of the tide at ordinary spring tides and not being a harbour (tidal waters);
(14) "company" means a company as defined in clause (20) of section 2 of the Companies Act, 2013 (18 of 2013);
(15) "convention" means an international convention to which India is a party;
(16) "Director-General" means the Director-General of Maritime Administration appointed under sub-section (1) of section 7;
(17) "equipment", in relation to a vessel, includes boats, tackle, machinery, boilers, cargo handling gear, pumps and any fitting, anchor, propeller, apparels, furniture, life-saving appliances of every description, spars, masts, rigging and sails, fog signals, lights, shapes and signals of distress, medicines and medical and surgical stores and appliances, charts, radio installations, appliances for preventing, detecting or extinguishing fires, buckets, compasses, axes, lanterns, loading and discharging gears and appliances of all kinds and all other stores and spares or articles belonging to or to be used in connection with or necessary for the navigation, propulsion, security, pollution prevention and safety of the vessel;
(18) "fisher" means any person engaged in any capacity or performing any work aboard a fishing vessel at sea, by whatever means they are paid, but not including pilots or persons in service of the Central Government or the State Government aboard a fishing vessel, or any person who only works aboard such vessel when onshore;
(19) "fishing vessel" means a vessel which is used or intended to be used for the purpose of fishing in the seas;
(20) "gross tonnage" means the gross tonnage referred to in clause (b) of sub-section (5) of section 20;
(21) "High Court", in relation to a vessel, means a High Court within the limits of whose jurisdiction,---
(a) the port of registry of the vessel is situate; or
(b) the vessel is for the time being; or
(c) the cause of action, wholly or in part, arises;
(22) "Indian ambassador" means the ambassador, high commissioner, deputy ambassador, deputy high commissioner, consul-general, consul, vice-consul, consular agent or pro consul appointed as such by the Central Government and includes any person authorised by the Central Government to perform the functions of an Indian ambassador;
(23) "Indian Coast Guard" means the Coast Guard constituted under the Coast Guard Act, 1978 (30 of 1978);
(24) "Indian vessel" means a vessel which is registered under section 15;
(25) "Limitation of Liability for Maritime Claims Convention" means the Convention on Limitation of Liability for Maritime Claims signed in London on the 19th day of November, 1976;
(26) "Maritime Labour Convention" means the Maritime Labour Convention signed in Geneva on the 23rd day of February, 2006;
(27) "MARPOL Convention" means the International Convention for the Prevention of Pollution from Ships, 1973 including its Protocol of 1978;
(28) "master" includes any person (except a pilot or a harbour master) having command or charge of a vessel;
(29) "mortgage" means the transfer of an interest in a registered vessel or a share therein for the purpose of securing the payment of money advanced or to be advanced by way of loan, or other valuable consideration, and the instrument creating the security, an existing or future debt, or the performance of an agreement which may give rise to a pecuniary liability;
(30) "nautical advisor" means the nautical advisor specified in sub-clause (i) of clause (d) of sub-section (1) of section 8;
(31) "notification" means a notification published in the Official Gazette and the term "notify" or "notified" shall be construed accordingly;
(32) "owner", in relation to a vessel, means the person to whom the vessel or a share in the vessel belongs;
(33) "passenger" means any person carried onboard a vessel, except---
(a) a person employed or engaged in any capacity onboard the vessel on the business of the vessel;
(b) a person onboard the vessel either in pursuance of the obligations laid upon the master to carry shipwrecked, distressed or other persons or by reason of any circumstances which neither the master nor the charterer, if any, could have prevented or forestalled; and
(c) a child under one year of age;
(34) "passenger vessel" means a vessel carrying more than twelve passengers;
(35) "pollution damage" means,---
(a) loss or damage caused outside the vessel resulting from the escape, emission or discharge of cargo, oil or any other material from the vessel, wherever such escape, emission or discharge may occur; or
(b) the costs of impairment of environment or costs of preventive measures and further loss or damage caused by preventive measures;
(36) "pollution prevention convention" means any convention relating to prevention of pollution from vessels, to which India is a party, including MARPOL Convention, Anti-Fouling Systems Convention and Ballast Water Management Convention;
(37) "port" shall include port facility, shipyard, ship breaking yards, ship repair unit, offshore facilities and terminals;
(38) "port authority",---
(a) in relation to any major port, means the Board of Major Port Authority constituted under section 3 of the Major Port Authorities Act, 2021 (1 of 2021);
(b) in relation to any other port, means such person or body of persons responsible for the administration of ports under any other applicable law;
(c) in relation to any terminal or place not forming a part of a port, means the person under whose supervision the terminal or place is operated;
(39) "port facility" means any location or area including anchorages or awaiting berths or approaches from seaward as determined by the Central Government, or such designated authority as the Central Government may notify, where interface between vessels or a vessel and a port takes place;
(40) "port of registry" means the port or place notified as such under sub-section (3) of section 15 and in relation to a vessel, sailing vessel, fishing vessel or any other vessel, means the port at which such vessel is registered;
(41) "prescribed" means prescribed by rules made by the Central Government under this Act;
(42) "principal officer" means the principal officer appointed under sub-section (2) of section 11;
(43) "proceeding" includes any suit, appeal or application under this Act;
(44) "proper officer" means the officer designated by the Central Government to be the proper officer at the port or place and in respect of the matters to which reference is made in this Act;
(45) "proper return port" means such port as is agreed upon by the seafarer and his employer, in the agreement or otherwise, or in the absence of an agreement, the port where the seafarer was employed or joined the vessel;
(46) "property", in relation to a seafarer, includes personal effects;
(47) "reception facilities", in relation to a port, terminal, shipyard, ship repair facility or ship recycling facility, means facilities for enabling vessels using the port terminal, shipyard, ship repair facility or ship recycling facility to discharge or deposit any substance;
(48) "Registrar" means the Registrar of Indian vessel referred to in section 18;
(49) "registered owner" means the person or persons registered as the owner of the vessel;
(50) "Safety Convention" means the international convention for the Safety of Life at Sea, signed in London on the 1st day of November, 1974 and shall include its protocols;
(51) "sailing vessel" means any primitive or traditionally built wooden vessel not primarily propelled, provided with sufficient sail area for navigation under sails alone, whether or not fitted with mechanical means of propulsion, but does not include a pleasure craft;
(52) "salvage" means any act or activity undertaken to assist a vessel or any other property in danger in navigable waters or in any other waters whatsoever;
(53) "Salvage Convention" means the International Convention on Salvage, 1989, signed in London on the 28th day of April, 1989;
(54) "salvor" means any person rendering services in direct connection with salvage operation;
(55) "sea-going", in relation to a vessel, means a vessel proceeding or intending to proceed beyond such waters as the Central Government or the State Government may, by notification, declare to be inland waters;
(56) "seafarer" means any person who is employed or engaged or works in any capacity onboard a sea-going vessel, but does not include,---
(i) a person who is in the employment or engagement or work onboard in any capacity in a warship or any Government vessel used for military or non-commercial purposes; or
(ii) any other person as the Central Government may, by notification, specify;
(57) "seafarer's welfare officer" means the seafarer's welfare officer appointed under sub-section (2) of section 12;
(58) "security", in relation to maritime security, includes any measures to protect port facility or vessels or any person or thing relating directly or indirectly to maritime navigation,---
(i) against terrorism, sabotage, stowaways, illegal migrants, asylum seekers, piracy, armed robbery, seizure or pilferage; and
(ii) against any other hostile act or influence which threatens the security in the maritime transport sector,
employed by the owners or operators or persons in charge of the vessels or management of port facilities, offshore installations and other marine organisations or establishments, or undertaken by the Central Government;
(59) "ship" means any watercraft, used or capable of being used in navigation in, above, or under the water; but does not include fishing vessel or sailing vessels;
(60) "ship owner" means the owner, including the registered owner and bareboat charterer, of the vessel;
(61) "shipping master" means the shipping master appointed under section 12;
(62) "shipping office" means the shipping office established under section 12;
(63) "special trade passenger" means a passenger carried in special trade passenger vessel in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers;
(64) "State" means any country including India;
(65) "Standards of Training, Certification and Watchkeeping for Seafarers Convention" means International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, signed in London on the 7th day of July, 1978;
(66) "surveyor" means a person appointed under clause (d) of sub-section (1) of section 8, or section 9;
(67) "tindal" means the person in command or charge of a sailing vessel;
(68) "Tribunal" means the Tribunal constituted under sub-section (1) of section 89;
(69) "unseaworthy vessel" means vessel, the materials of which she is made, her construction and design, the number, description and qualification of the seafarers including officers, the weight, description and stowage of the cargo and ballast, the condition of her hull and equipment, boilers and machinery are not such as to render her in every respect fit for the proposed voyage or service;
(70) "vessel" includes every description of water craft used or capable of being used in the marine environment, such as ship, boat, sailing vessel, fishing vessel, submersible, semi-submersible, hydrofoils, non-displacement crafts, amphibious crafts, wing-in-ground crafts, pleasure crafts, barges, lighters, Mobile Offshore Drilling Units, Mobile Offshore Units, or of any other description, whether fitted with mechanical means of propulsion or not;
(71) "voyage" means the passage between the vessel's port or place of departure and her final port or place of arrival, including the activities within the port;
(72) "wages" include emoluments;
(73) "wreck" includes the following, upon a maritime casualty, namely:---
(a) a sunken or stranded vessel; or
(b) any part of a sunken or stranded vessel, including any object or goods or cargo that is or has been onboard such a vessel;
(c) any object or goods or cargo that is lost at sea from a vessel stranded, sunken or adrift at sea; or
(d) a vessel that is in distress or is about, or may reasonably be expected, to sink or to strand, where effective measures to assist the vessel or any property in danger are not already being taken to the satisfaction of the Director-General.