The Merchant Shipping Act, 1958

Section 115. Power to prohibit engagement of persons as seamen

In force · As amended up to 2026-08

115. Power to prohibit engagement of persons as seamen .―The Central Government or any officer authorised by it in this behalf, if satisfied that in the national interest or in the interests of seamen generally it is necessary so to do, may, by order in writing, prohibit the owner, master or agent of any ship other than an Indian ship specified in the order from engaging in India or in any specified part of India, any person to serve as a seaman on such ship. 115. (a) If a master fails to comply with sub-section (1) or sub-section (2) of section 355; or - 355(1), Imprisonment which may 355(2) extend to six months, or fine which may extend to one thousand rupees, or both. - (b) If a master fails to comply with sub-section (5) of section 355. - 355(5) Fine which may extend to one thousand rupees. - 2[115A. If a master fails to comply with section 355A. - 355A Imprisonment which may extend to six months, or fine which may extend to one thousand rupees, or both.] 3 [115B. (a) If oil or oily mixture is discharged - in contravention of sub-section (1) of section 356C― - (i) where such discharge is made from an Indian tanker anywhere into the sea; - 356C(1) The master of the tanker shall be liable to fine which may extend to five lakh rupees. - 356C(1) The master of the tanker or, if the tanker is unmanned, the person in charge of its operation shall be liable to fine which may extend to five lakh rupees. - (ii) where such foreign tanker anywhere within the coastal waters of India. - [(] [b][) If oil or oily mixture is discharged ] in contravention of sub-section (2) of section 356C― 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 10-9-2024). 2. Ins. by Act 21 of 1966, s. 35 (w.e.f. 28-5-1966). 3. Subs. by Act 12 of 1983, s. 16, for Serial Numbers 115B, 115C and 115D and the entires relating thereto (w.e.f. 18-5-1983). - The master, or if the ship is - (i) where such discharge is made by an 356C(2) unmanned; the person in - Indian ship other than a tanker charge of the operation - anywhere into the Sea shall, be liable to fine which may extend to five lakh rupees. - (ii) where such discharge is made by a 356C(2) The master of the ship shall foreign ship oilier than a tanker be liable to fine which may anywhere within the coastal waters of extend to five lakh rupees. India. - (c) If oil or oily mixture is discharged in 356C(3) The master of the offshore contravention of sub-section (3) of installation if it be a mobile section 356C. craft or the owner, operator, lessee or licence of an offshore insulation of any other type shall be liable to fine which may extend to five lakh rupees. - 115C. If an Indian ship is not fitted with 356E The owner, master or agent equipment prescribed under section of Indian ship shall be liable 356E. to fine which may extend to ten thousand rupees. - 115D. (i) If the master of an Indian tanker or 356F The master of the Indian other ship fails to maintain an oil tanker or other Indian ship record book as required by section shall be liable to fine which 356F or contravenes any rule made may extend to five thousand under that section. rupees. - (ii) If any person wilfully destroys or 356F 1[the offender shall be liable mutilates or renders illegible or to penalty which may prevents the making of any entry in extend to fifty thousand the oil record book or makes or causes rupees.] to be made a false entry in such book in contravention of any rule made under section 356F. - 115E. If master of any ship refuses to certify copy of any entry in the oil record book to be a true copy of such entry as required under sub-section (2) of section 356G. - 356G(2) The master of the ship shall be liable to fine which may extend to one thousand rupees. - 115F. If any person fails to take action as required by a notice served on him under sub-section (1) of section 356J. 356J(1). The offender shall be liable to penalty of imprisonment which may extend to six months or fine which may extend to ten lakh rupees or both. 1. Subs. by Act 18 of 2023, s. 2 and Schedule for certain words (w.e.f. 10-9-2024). |115G.|If owner of any Indian ship, tug, barge or|356L(1)|The offender shall be liable| |---|---|---|---| ||any other equipment fails to comply with||to penalty of imprisonment| ||any order issued under sub-section (l) of||which may extend to six| ||section 356L.||months or fine which may| ||||extend to one lakh rupees,| ||||or both and if the offence is| ||||a<br>continuing<br>one<br>the| ||||offender shall be liable to a| ||||further fine which may| ||||extend to ten thousand| ||||rupees per day for every| ||||day<br>during<br>which<br>the| ||||offence<br>continues<br>after| ||||conviction.]| |1[115H.|If the owner of an Indian ship fails to|356R|Fine which may extend to| ||comply with section 356R||fifteen lakh rupees.| |115-I.|If a master proceeds or attempts to|356S|Fine which may extend to| ||proceed to sea in contravention of section||three lakh rupees.| ||356S||| |115J.|If the owner of an Indian ship or any|356U|Fine which may extend to| ||person fails to comply with the rules made||one<br>Lakh<br>and<br>fifty| ||or<br>measures<br>taken<br>by<br>the<br>Central||thousand rupees.| ||Government under section 356U||| |115K.|If the master of a ship fails to maintain|356V|Fine which may extend to| ||records as required by section 356V||one lakh and fifty thousand| ||||rupees.| |115L.|If the master of a ship fails to comply with|<br>356W(1)|Fine which may extend to| ||sub-section (1) of section 356W||one lakh and fifty thousand| ||||rupees.]| |116.|If any person bound to give notice under|358(2)|Fine which may extend to| ||sub-section (2) of section 358 fails to give||five hundred rupees and in| ||such notice.||default of payment, simple| ||||imprisonment which may| ||||extend to three months.| |117|If a master or ship's officer fails to comply|378|Fine which may extend to| ||with section 378.||five hundred rupees.| |118.|If any person wilfully disobeys any|392|Fine which may extend to| ||direction of the receiver of wreck under||five hundred rupees.| ||section 392.||| |119.|If the owner or occupier of any land|393|Fine which may extend to| ||impedes or in any way hinders any person||five hundred rupees.| ||in the exercise of the rights given by||| ||section 393.||| 1. Ins. by Act 31 of 2014, s. 3 (w.e.f. 1-4-2015). |120.|(a) If any person omits to give notice of the|395(a)|Fine which may extend, to| |---|---|---|---| ||finding of any wreck to the receiver of||one thousand rupees;| ||wreck as required by clause (a) of section||| ||395; or||| ||(b) if any person omits to deliver any wreck as|395(b)|Fine which may extend to| ||required by clause (b) of section 395.||one thousand rupees and in| ||||addition forfeiture of all| ||||claims to salvage and| ||||payment to the owner of| ||||such wreck, if the same is| ||||claimed, or if the same is| ||||unclaimed,<br>to<br>the| ||||Government, a penalty, not| ||||exceeding twice the value| ||||of such wreck.| |121.|If any person contravenes any of the|400|Fine which may extend to| ||provisions of section 400.||five hundred rupees.| |122.|(a) If a ship is taken to sea in contravention of<br>sub-section (1) of section 406 or if a ship<br>engages<br>in<br>the<br>coasting<br>trade<br>in<br>contravention of sub-section (1) of section<br>407; or|<br>406(1),<br>407(1)|The master or owner of the<br>ship or in the case of a ship<br>other than an Indian ship<br>the master, agent in India<br>of<br>the<br>owner<br>or<br>the| ||||charterer of the ship in| |||406, 407|respect<br>of<br>which<br>the<br>contravention has taken| ||(b) if, without reasonable excuse, any||place shall be liable to| ||limitation or condition contained in a||imprisonment which may| ||licence granted under section 406 or||extend to six months, or| ||section 407 is contravened.||fine which may extend to| ||||one thousand rupees, or| ||||both.| |123.|If a person to whom a licence under section|409|Fine which may extend to| ||406 or section 407 has been granted fails to||one hundred rupees.| ||comply with section 409.||| |124.|(a) If any directions given under section 411|411|| ||are not complied with; or||The owner, master or agent| ||||shall<br>be<br>liable<br>to| ||||imprisonment for a term| ||||which may extend to six| ||(b) if the provisions of sub-section (3) of<br>section 412 are contravened.|412(3)|months, or to fine which<br>may<br>extend<br>to<br>one<br>thousand rupees, or both.| |125.|If the owner, master or agent on whom a|413|Imprisonment which may| ||notice has been served under section 413 fails||extend to six months, or| ||to furnish the information required within the||fine which may extend to| ||time specified or furnishing the information||five hundred rupees, or| ||makes any statement which he knows to be||both.| ||false on any material particular.|||

Source: India Code