Section 352G. Application

352G. Application .―This Part applies to― (a) every Indian ship wherever it is; and (b) every foreign ship while it is at a port or place in India or within the territorial waters of India or any marine areas adjacent thereto over which India has, or may hereafter have, exclusive jurisdiction in regard to control of marine pollution under the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, or any other law for the time being in force. 3 [352H. Definitions. ―In this Part, 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) "liability convention" means the International Convention on Civil Liability for Oil Pollution Damage, 1992 as amended from time to time; (c) "oil" means any persistent hydro carbon mineral oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil whether carried on board a ship as cargo or in the bunker of such ship; 1. Ins. by Act 63 of 2002, s. 22 (w.e.f. 1-2-2003). 2. Ins. by Act 12 of 1983, s. 10 (w.e.f. 18-5-1983). 3. Subs. by Act 63 of 2002, s. 23, for section 352H (w.e.f. 1-2-2003). - (d) "owner" means― - (i) the person registered as owner of the ship; (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a ship owned by a foreign State, the person registered in that State as operator of the ship; (e) "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; (f) "pollution damage" means― (i) loss or damage caused outside the ship by contamination resulting from escape or discharge of oil from the ship, wherever such escape or discharge occurs, provided that compensation for impairment of the environment other than losses or profit from such impairment shall be limited to costs of reasonable measures of reinstatement actually undertaken or to be undertaken; (ii) the costs of preventive measures and further loss or damage caused by such measures; (g) "preventive measures" means any reasonable measures taken by any person after the incident to prevent or minimise pollution damage; (h) "ship" means any sea-going vessel and sea borne 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; (i) "State of the ship's registry", in relation to registered or unregistered ships, means the State of registration of the ship, or as the case may be, the State whose flag the ship is flying.] 352-I. Liability of owner .―(1) Save, as otherwise provided in sub-sections (2), (3) and (4), the owner at the time of an incident, or, where the incident consists of a series of occurrence at the time of first of such occurrences, shall be liable for any pollution damage caused by oil which has escaped or been discharged from the ship as a result of the incident. (2) No liability for pollution damage shall attach to the owner under sub-section (1), if he proves that the pollution damage― (a) resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or (b) was wholly caused by an act or omission done with intent to cause such damage by any other person; or (c) was wholly caused by the negligence or the wrongful act of any government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf. (3) Where, with respect to any incident the owner proves that the pollution damage resulted, either wholly or partially, from an act or omission done, with intent to cause such damage, by the person who suffered damage, or from the negligence of that person, the owner shall be exonerated wholly or, as the case may be, partially, from liability to that person. 1[(4) When any incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under sub-section (3), shall be jointly and severally liable for such damage which is not reasonably separable.] 1. Subs. by Act 63 of 2002, s. 24, for sub-section (4) (w.e.f. 1-2-2003). (5) No claim for pollution damage shall be made against any owner otherwise than in accordance with the provisions of this section. 1[(6) Without prejudice to any right of recourse of the owner against third parties, no claim for compensation for pollution damage may be made against― (a) the servants or agents of the owner or the members of the crew; (b) the pilot or any other person who, without being a member of the crew, renders services for the ship; (c) any charterer (howsoever described, including a bare-boat charterer), manager or operator of the ship; (d) any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority; (e) any person taking preventive measures; (f) all servants or agents of persons mentioned in clauses (c), (d) and (e), unless the incident causing such damage occurred as a result of their personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.] 2 [352J. Limitation of liability. ―(1) The owner shall be entitled to limit his liability under this Part, in respect of any one or more incident, as may be prescribed. (2) The owner shall not be entitled to limit his liability if it is proved that the incident causing pollution damage occurred as a result of his personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.]