MS Act 231Chapter XI · Investigation and Inquiries on Marine Casualties
Section 231 · Marine casualties and report thereof
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(1) For the purposes of investigation and inquiries
under this Part, a marine casualty shall be deemed to be an event or sequences of events that has resulted
in any of the following and has occurred directly or in connection with the operations of Indian vessels
and any other vessels, when---
(a) on or near the coast of India, any vessel is lost, abandoned, stranded or materially damaged;
(b) on or near the coast of India, any vessel causes loss or material damage to any other vessel or to external infrastructure;
(c) any loss of life or presumed loss of life ensues by reason of any casualty happening or otherwise, onboard any vessel, on or near the coast of India or its coastal waters;
(d) in any place, any such loss, abandonment, stranding, material damage or casualty occurs to or onboard any Indian vessel and any competent witness thereof is found in India;
(e) any Indian vessel is lost or is supposed to have been lost, and any evidence is obtainable in India as to the circumstances under which such vessel proceeded to sea or was last heard of;
(f) in any place within the coastal waters, pollution, or the potential threat of such pollution to the environment, or severe damage to the environment, or the potential to severe damage to the environment is caused by a vessel;
(g) a fire or explosion takes place on any Indian vessel anywhere in the world, or a fire or explosion takes place on a vessel other than an Indian vessel, while such vessel is on or near the coast of India or its coastal waters.
(2) In the cases mentioned in sub-section (1), the ship owner, manager, operator, company, pilot, harbour master, master, or other person in charge of the vessel or where two vessels are concerned, in charge of each vessel at the time of the marine casualty shall, within twenty-four hours of the occurrence, give notice of the marine casualty to the officer appointed in this behalf by the Central Government.
(3) Wherever any such officer receives notice of the marine casualty under sub-section (2), he shall forthwith inform in writing to the Central Government and proceed to make preliminary inquiry into the marine casualty.
(4) The officer referred to in sub-section (3) shall, on completion of preliminary inquiry, furnish the report to the Central Government or other authority as may be appointed by it in this behalf.
(5) The Central Government may, for the purposes of the investigation, appoint a body to conduct marine safety investigation in accordance with the Safety Convention.
(6) The body appointed under sub-section (5) shall make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining the causes and circumstances of such marine casualty and submit its report to the Central Government.
Explanation.---For the purposes of this Part, "company" shall have the same meaning as assigned to it in clause (a) of section 115.
(a) on or near the coast of India, any vessel is lost, abandoned, stranded or materially damaged;
(b) on or near the coast of India, any vessel causes loss or material damage to any other vessel or to external infrastructure;
(c) any loss of life or presumed loss of life ensues by reason of any casualty happening or otherwise, onboard any vessel, on or near the coast of India or its coastal waters;
(d) in any place, any such loss, abandonment, stranding, material damage or casualty occurs to or onboard any Indian vessel and any competent witness thereof is found in India;
(e) any Indian vessel is lost or is supposed to have been lost, and any evidence is obtainable in India as to the circumstances under which such vessel proceeded to sea or was last heard of;
(f) in any place within the coastal waters, pollution, or the potential threat of such pollution to the environment, or severe damage to the environment, or the potential to severe damage to the environment is caused by a vessel;
(g) a fire or explosion takes place on any Indian vessel anywhere in the world, or a fire or explosion takes place on a vessel other than an Indian vessel, while such vessel is on or near the coast of India or its coastal waters.
(2) In the cases mentioned in sub-section (1), the ship owner, manager, operator, company, pilot, harbour master, master, or other person in charge of the vessel or where two vessels are concerned, in charge of each vessel at the time of the marine casualty shall, within twenty-four hours of the occurrence, give notice of the marine casualty to the officer appointed in this behalf by the Central Government.
(3) Wherever any such officer receives notice of the marine casualty under sub-section (2), he shall forthwith inform in writing to the Central Government and proceed to make preliminary inquiry into the marine casualty.
(4) The officer referred to in sub-section (3) shall, on completion of preliminary inquiry, furnish the report to the Central Government or other authority as may be appointed by it in this behalf.
(5) The Central Government may, for the purposes of the investigation, appoint a body to conduct marine safety investigation in accordance with the Safety Convention.
(6) The body appointed under sub-section (5) shall make preliminary assessment of the marine casualty and conduct a marine safety investigation for ascertaining the causes and circumstances of such marine casualty and submit its report to the Central Government.
Explanation.---For the purposes of this Part, "company" shall have the same meaning as assigned to it in clause (a) of section 115.
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