The Merchant Shipping Act, 1958

Section 45. If a master fails to comply with the provisions of this Act with respect to taking charge of the pro

In force · As amended up to 2026-08

45. If a master fails to comply with the provisions of this Act with respect to taking charge of the property of a deceased seaman or apprentice or to making in the official log book the proper entries relating thereto or to the payment or delivery of such property as required by sub-section (1) of section 154. 46.[If the master of an Indian ship fails or ] refuses without reasonable cause to receive on board, his ship or to give a passage or subsistence to, or to provide for, any seaman contrary to sub-section (1) of section 163. 47.[(] [a][) If a master fails to comply with, ] or contravenes any provision of sub-section (3) of section 168; - (b) if a master or any other person having charge of any provisions or water on board a ship liable to inspection under section 168 refuses or fails to give the person making the inspection reasonable facility for the purpose. 48.[If a master fails to furnish provisions ] to a seaman in accordance with the agreement entered into by him and the court considers the failure to be due to the neglect or default of the master, or if a master furnishes to a seaman provisions which are bad in quality or unfit for use. 49.[If a master fails without reasonable ] cause to comply with section 171. 45. Order for sale where ship has ceased to be an Indian ship .―(1) Where by reason of the transmission of any property in a ship or a share therein on death, insolvency or otherwise, a ship ceases to be an Indian ship, the registrar of her port of registry shall submit a report to the Central Government setting out the circumstances in which the ship has ceased to be an Indian ship. (2) On receipt of such report, the Central Government may make an application to the High Court for a direction for the sale to any citizen of India[1] [or any[2] [company or body or co-operative society] which satisfies the requirements specified in clause (b) or, as the case may be, clause (c) of section 21] of the property so transmitted. (3) The High Court may require any evidence in support of the application it thinks requisite and may make such order thereon and on such terms and conditions as it thinks just or may reject the application[3] [in case] it finds that the ship has not ceased to be an Indian ship; and in case the ship or the share is ordered to be sold, it shall direct that the proceeds of the sale after deducting the expenses thereof, be paid to the person entitled under such transmission or otherwise. (4) Every application for sale shall be made within such time as may be prescribed: Provided that an application may be admitted by the High Court after the time prescribed, if the Central Government satisfies the High Court that it had sufficient cause for not making the application within such time.

Source: India Code