The Merchant Shipping Act, 1958

Section 356H. Information regarding contravention of provisions of Convention

In force · As amended up to 2026-08

356H. Information regarding contravention of provisions of Convention. ―(1) If, on report from a surveyor or other person authorised to inspect an oil tanker or other ship under section 356G, the Director-General is satisfied that any provision of the Convention has been contravened by such oil tanker or other ship within the coastal waters, the Director-General or any officer authorised by him in this behalf, may― (a) detain the oil tanker or other ship until the causes of such contravention are removed to the satisfaction of the Director-General or the officer authorised by him; and (b) proceed against such oil tanker or other ship for recovery of cost of pollution damage, if any, and the cost of prevention of pollution damage and cleaning of such pollution; Provided that where the Director-General deems it necessary, he may request the Indian Navy or the Coast Guard for preventing the oil tanker or other ship from proceeding to sea, and the Indian Navy or the Coast Guard, as the case may be, shall take action as requested by the Director-General: (2) On receipt of information from the Government of any country to which the Convention applies that an Indian oil tanker or other ship has contravened any provision of the Convention, the Central Government may, if it deems it necessary so to do, request such Government to furnish further details of the alleged contravention and if satisfied that sufficient evidence is available to establish contravention of any of the provisions of this Part or the rules made thereunder, take appropriate action against the owner or master of the concerned oil tanker or other ship and intimate the reporting Government of the action so taken.] 356-I. Oil reception facilities at ports in India .―(1) Notwithstanding anything contained in any other law for the time being in force, in respect of every port in India, the powers of the port authority shall include the power to provide[1] [reception facilities]. (2) A port authority providing[1] [reception facilities] or a person providing such facilities by arrangement with the port authority, may make charges for the use of the facilities at such rates and may impose such conditions in respect of the use thereof as may be approved, by notification in the Official Gazette, by the Central Government in respect of the port. (3) Where the Central Government is satisfied that there are no[1] [ reception facilities] at any port in India or that the facilities available at such port are not adequate for enabling ships calling at such port to comply with the requirements of the Convention, the Central Government may, after consultation with the port authority in charge of such port, direct, by order in writing, such authority to provide or arrange for the provision of such[1] [reception facilities] as may be specified in the order. (4) The Central Government may, by notification in the Official Gazette, specify the ports in India having[1] [reception facilities] in accordance with the requirements of the Convention. Explanation .―For the purpose of this section, "port authority" means,― (a) in relation to any major port, the Board of Trustees in respect of that port constituted under any law for the time being in force; (b) in relation to any other port, the Conservator of the Port, within the meaning of section 7 of the Indian Ports Act, 1908 (15 of 1908). PROVISIONS FOR CONTAINMENT OF ACCIDENTAL POLLUTION

Source: India Code