MS Act 302Chapter XV · Miscellaneous
Section 302 · Special provisions with respect to defaulting ship owners
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(1) The Director-General may
by order in writing and upon such conditions, if any, as he may think fit to impose, direct the ship owner
who fails to comply with the provisions of this Act, or rules made thereunder or is not taking action for
the safety and prevention of any harm to life, property or the environment which may be caused by a
vessel owned by such ship owner but not abandoned by him, to take such measures as may be directed:
Provided that if the ship owner fails to comply with such directions, the Director-General may take necessary action including confiscation or forfeiture of the vessel or cargo, if any, or both, and dispose of the same as may be deemed appropriate.
(2) The cost incurred by the Director-General in averting the harm mentioned under sub-section (1) due to failure of timely action by the ship owner shall be recovered from such ship owner as Government dues.
(3) The Director-General shall be competent to adjust the cost referred to in sub-section (2), with the funds generated by disposal of the vessel or the cargo, or both.
Provided that if the ship owner fails to comply with such directions, the Director-General may take necessary action including confiscation or forfeiture of the vessel or cargo, if any, or both, and dispose of the same as may be deemed appropriate.
(2) The cost incurred by the Director-General in averting the harm mentioned under sub-section (1) due to failure of timely action by the ship owner shall be recovered from such ship owner as Government dues.
(3) The Director-General shall be competent to adjust the cost referred to in sub-section (2), with the funds generated by disposal of the vessel or the cargo, or both.
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