Introduction
The Merchant Shipping Act, 1958 is the primary legislation governing merchant shipping in India. It consolidates laws relating to ship registration, safety, discipline, seafarer welfare, marine casualties, pollution prevention, and India’s obligations under international maritime conventions. The Act applies to Indian ships wherever they operate and, in certain cases, to foreign ships while in Indian waters.
One of the most important aspects of the Act is the registration of ships and the issuance of the Certificate of Registry, which legally establishes a ship’s nationality.
Registration of Indian Ships
Registration of Indian ships is mandatory for all mechanically propelled seagoing vessels and for Indian ships above 15 net tonnage engaged in coastal navigation. Registration provides the ship with legal recognition and enables it to operate under the Indian flag.
Ports of Registry
Ships may be registered at designated ports such as Mumbai, Chennai, Kolkata, Kochi, or any other port notified by the Central Government. The Principal Officer of the port acts as the Registrar of Ships.
Procedure for Registration
The registration process begins with an application made by the owner or an authorized agent. The owner must arrange for the ship to be surveyed by a government-approved surveyor, who issues a certificate specifying the ship’s tonnage and other identifying particulars. This document is commonly known as the Carving and Marking Note.
Based on the survey, a Declaration of Ownership is prepared and attested. This declaration includes the nationality of the owner, details of where and when the ship was built, the name of the master, and confirmation that all information provided is accurate.
A Builder’s Certificate must also be submitted, stating the ship’s tonnage, place and date of construction, and the name of the person for whom the ship was built. If ownership has changed, an instrument of sale is required.
Before registration is completed, the ship must be permanently and conspicuously marked with her name and port of registry.
Once all formalities are completed, the registrar enters the ship’s details in the Register of Ships and issues the Certificate of Registry.
Certificate of Registry: Significance
The Certificate of Registry is the most important document carried on board an Indian ship. It proves the ship’s nationality and entitles the vessel to fly the Indian flag. On the basis of this certificate, the ship gains the privileges and assumes the obligations of an Indian vessel under national and international law.
The certificate also establishes that the master has been lawfully appointed and enables the ship to obtain customs clearance at ports. The issuance of the Certificate of Registry is in accordance with international conventions such as UNCLOS and the Geneva Convention on the Registration of Ships.
Custody and Use of the Certificate
The Certificate of Registry must be used only for lawful navigation and must not be detained by owners, mortgagees, or any unauthorized person. It must remain in the custody of the person responsible for the lawful navigation of the ship, usually the master, so that it can be produced whenever required by authorities such as the registrar or customs officials.
If a person unlawfully possessing the certificate refuses to surrender it, a magistrate may intervene. In such cases, the certificate may be treated as lost or defaced for the purpose of issuing a new one.
Change of Master
Any change in the master of an Indian ship must be officially recorded on the Certificate of Registry. If the change results from a Marine Board or court decision, the presiding officer endorses the change.
In all other cases, the shipowner applies to the registrar, who issues a letter appointing the new master. A copy of this letter is sent to the ship and attached to the certificate. Authorities may refuse to recognize a master whose name is not endorsed on the Certificate of Registry.
Change of Ownership
A change in ownership must also be endorsed on the Certificate of Registry by the registrar at the ship’s port of registry or by another registrar who has been officially informed. The master is responsible for submitting the certificate for endorsement. Failure to do so attracts a monetary penalty.
Lost or Defaced Certificate
If the Certificate of Registry is defaced, it must be surrendered to the registrar for replacement. When the certificate is lost while the ship is abroad, the master must report the loss to the nearest Indian consular officer. A provisional certificate may be issued, valid until the ship arrives at an Indian port, where a permanent replacement is issued.
If the original certificate is later found, it must be surrendered for cancellation.
Ships Purchased or Constructed Abroad
When a ship becomes entitled to Indian registration at a foreign port, the master must apply to the nearest Indian consular officer for a provisional certificate. This certificate is valid for six months or until the ship reaches an Indian port with a registrar of ships.
Alteration Affecting Tonnage or Description
If a registered ship undergoes alterations that affect her tonnage or description, the registrar must be informed. The registrar may amend the existing certificate or require the ship to be registered anew. Any such changes must be communicated to the registrar at the ship’s port of registry to keep official records accurate.