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MERCHANT
SHIPPING ORDINANCE, 2001
CONTENTS
PART 1. INTRODUCTORY
CHAPTER 1.
PRELI
SECTIONS
1. Short title,
extent, application and commencement
2. Definitions
CHAPTER 2.
3. Office of Mercantile
Marine Department
4. Surveyors
CHAPTER 3.
SHIPPING OFFICE
7. Conduct of business
of shipping office at other offices
9. Fees for engagement
or discharge of seamen
PART II.
REGISTRATION AND NATIONALITY
CHAPTER 4.
REGISTRATION
11. Application
12. Restriction
on acquisition of ships
13. Qualification
for registration of Pakistani ships
14. Obligation to
register ships
16. Registrars of
Pakistani ships and ports of registry
17. Provision for
entries in register book
19. Marking of ships
20. Entry of particulars
in register book
21. Port of registry
23. Custody and
use of certificate
24. Penalty for
use of improper certificate
25. Power to grant
duplicate certificate
26. Provision for
loss of certificate
27. Endorsement
of change of master on certificate
28. Endorsement
of change of ownership
29. Provisional
certificate for ships becoming Pakistani owned abroad
30. Temporary passes
in lieu of certificates of registry
31. Transfer of
ships or shares
34. Transmission
of property in ship on death, bankruptcy, marriage, etc.
35. Order for sale
on transmission to unqualified person
36. Transfer of
ship on sale by order of Court
37. Power of court
to prohibit transfer
39. Entry of discharge
of mortgage
41. Mortgagees not
treated as owner
42. Mortgagees to
have power of sale
43. Mortgage not
affected by bankruptcy
46. Powers of mortgage
and sale
47. Requisites for
certificates of mortgage and sale
48. Restrictions
on certificates of mortgage and sale
49. Power of Federal
Government in case of loss of certificate of mortgage or sale
50. Revocation of
certificates of mortgage and sale
51. Registry of
alterations, registry anew and transfer of registry
52. Provisional
certificate and endorsement
53. Registry anew
on change of ownership
54. Restrictions
on re-registration of abandoned ships
55. Provision for
cases of infancy or other incapacity
56. Equities not
included by Ordinance
58. Ship's managing
owner or manager to be registered
61. National character
of ship to be declared before clearance
62. Penalty for
concealment of Pakistan character or assumption of foreign character
63. Penalty for
acquiring ownership if unqualified
64. Liabilities
of ships not recognised as Pakistani ships
65. National colours
for ships
66. Penalty for
unduly assuming Pakistani character
67. Pakistani ships
to hoist proper national colours in certain cases
69. Recognition
of tonnage measurement of ships of foreign country
70. Space occupied
by deck cargo to be liable to dues
71. Surveyors and
regulations for measurement of ships
72. Levy of tonnage
rates under local Acts on the registered tonnage
74. Powers to make
rules in respect of matters in this Part
PART III. COASTAL
SHIPPING
CHAPTER 5.
CONTROL OF SHIPPING
75. Application
76. International
shipping operators
77. Government cargo
78. Requirements
for participation in coastal shipping
79. Power to fix
shipping rates
80. Duty to notify
tariffs and other transport conditions
81. Duty to provide
conference agreement
82. Power to disapprove
conference agreement
83. Prohibition
on compliance with disapproved agreements
84. Prohibition
to contravene cargo sharing measures
85. Representative
organizations
86. Power to call
for information
87. Power of Shipping
Authority to enter ship
88. Penalty
PART IV.
CHAPTER 6.
CERTIFICATE OF CO
90. Application
91. Ships to be
provided with certificated officers
92. When officers
deemed to be certificated
93. Grades of certificates
of competency
94. Examinations
for Certificates
95. Grant of certificates
on passing examination
96. Certificate
of competency for Naval Officers
98. Record of orders
affecting certificates
100. Recognition
of certificates of competency granted in other countries
101. Restriction
on employment of aliens
102. Production of
certificates and other documents of qualification
103. Power to cancel
or suspend certificates
104. Penalty
105. Power to make
rules as to grant of certificate of competency
CHAPTER 7.
APPRENTICESHIP TO SEA SERVICE
106. Assistance for
apprenticeship to sea service
107. Special provisions
as to apprenticeship to sea service
108. Manner in which
contract, etc, is to be recorded
109. Production of
contracts to persons before voyage in ship
CHAPTER 8.
E
110. Employment of
young persons
111. Engagement of
young persons as trimmer or stroker
112. Medical examination
of young persons
113. Penalty for
false representation by parent or guardian
114. Penalty for
false representation by parent or guardian
116. Power to make
rules
CHAPTER 9.
ENGAGE
117. Rules relating
to engagement of seamen and maritime labour
118. Supply of seamen
in contravention of this Ordinance prohibited
119. Manning agent
120. Seamen to be
in possession of seamen's service book
121. Loss of seamen's
service book
122. Cancellation
of seamen's service book
123. Certificate
of physical fitness
124. Rules relating
to safe manning
125. Agreement with
crew
126. Forms and contents
of the agreement
127. Engagement in
Pakistan of single seaman for foreign ship
128. Special provisions
with regard to agreements with crew of Pakistani foreign-going ships
129. Renewal of running
agreements in certain cases
130. Special provisions
as to agreements with crew of home trade or coasting ships
131. Changes in crew
to be reported
132. Certificates
as to agreements with crew of foreign-going and home trade ships
133. Certificates
as to agreement with crew of coasting ship
134. Copy of agreement
with crew to be made accessible to the crew
135. Alteration in
agreement with the crew
136. List of crew
to be furnished to Shipping Master
137. Power to prohibit
engagement of specified Pakistani seamen
138. Power to prohibit
engagement of specified Pakistani seamen
139. Forged seamen's
service book, etc
CHAPTER 10.
DISCHARGE OF SEA
140. Discharge of
seamen before Shipping Master
142. Discharge of
a seaman abroad
143. Discharge of
seamen and apprentices on change of ownership
144. Transmission
of documents on transfer of seamen from one ship to another
145. Repatriation
of seamen and apprentices on termination of service abroad
146. Leaving behind
in Pakistan a seaman or apprentice shipped abroad
147. Leaving behind
in Pakistan a seaman or apprentice shipped abroad
148. Wages and other
property of seaman or apprentice left behind by Pakistani ships abroad
CHAPTER 11.
WAGES OF SEA
A. PAY
149. Master to deliver
account of wages
150. Deduction from
wages of seamen
151. Disrating of
seamen
152. Deductions on
account of provident fund, etc
153. Payment of wages
before Shipping Master
155. Settlement of
wages
156. Decision of
disputes by Shipping Master
157. Power of Shipping
Master to required production of ship's papers
158. Rate of exchange
for payment of seamen in Pakistan
B. RIGHTS OF SEA
159. Right to wages
and provisions
160. Wages not to
depend on freight
161. Wages on termination
of service by wreck, illness, etc
162. Wages not to
accrue during refusal or imprisonment
164. Restriction
on sale of and charges upon wages
165. Summary proceedings
for wages
166. Restrictions
on suits for wages
C. ADVANCES AND ALLOT
168. Stipulations
as to allotment notes
CHAPTER 12.
PROPERTY OF DECEASED SEA
170. Mater to take
change of the effects of decesed seamen
171. Disposal of
property of seaman who dies during the voyage
172. Liability of
master in respect of property of deceased seamen, etc
173. Property of
deceased seaman left abroad but not on board ship
174. Dealing with
property of deceased seamen
175. Recovery of
wages, etc., of seamen lost with their ship
176. Property of
seamen dying in Pakistan
177. Payment over
of property of deceased seamen by Shipping Master
178. Disposal of
unclaimed property of deceased seamen
CHAPTER 13.
DISTRESSED SEA
179. Application
of Chapter to apprentices
180. Power to make
rules with respect to distressed seamen
181. Relief and maintenance
of distressed seamen
182. Mode of providing
for return of seamen to proper port
183. Receiving distressed
seamen on ships
185. Provisions as
to taking distressed seamen on ships
186. What shall be
evidence of distress
CHAPTER 14.
PROVISIONS AND ACCO
187. Ships to have
sufficient provisions and water
188. Allowance for
short or bad provisions
189. Pakistani foreign-going
ships to carry duly certificated cooks
190. Medicines to
be provided and kept on board certain ships
191. Certain ships
to carry medical officers
192. Weights and
measures on board
193. Expenses of
medical attendance in case of illness
194. Power to make
rules with respect to crew accommodation
195. Inspection of
crew accommodation when a ship is re-registered
196. Beddings, towels,
etc; to be provided
197. Inspection of
provisions, water and medicines
198. Inspection
by master of provisions, water and accommodation at sea
CHAPTER 15.
DISCIPLINE OF SEA
199. Definitions
201. Maintenance
of Discipline
202. On change of
master, documents to be handed over to successor
203. Misconduct,
endangering life or ship
204. Desertion and
absence without leave
205. Power to suspend
deserter seamen's service book
206. Conveyance of
deserter or imprisoned seaman or apprentice on board ship
207. Power of Court
to order offender to be taken on board ship
208. General offences
against discipline
209. Report of desertion
and absence without leave
210. Entries and
certificates of desertion abroad
211. Facilities for
providing desertion in proceeding for forfeiture of wages
212. Application
of forfeiture
213. Decision of
question of forfeiture and deductions in suits for wages
214. Payment of fines
imposed under agreement of Shipping Master
215. Penalty for
enticing to desert
216. Penalty for
harbouring deserters
217. Penalties on
and stoways discipline of stoways and seamen carried under complusion
218. Unauthorised
presence on board ship
221. Deserters from
foreign ships
CHAPTER 16.
LITIGATION AGAINST SEA
222. Definitions
223. Particulars
to be furnished in plaints, etc
224. Power of Collector
to intervene in case of unrepresented seaman
225. Notice to be
given in case of unrepresented seaman
226. Postponement
of proceedings
227. Power to set
aside decrees and orders passed against serving seaman
228. Modifications
of law of limitation where seaman is a party
229. Reference in
matters of doubt to Shipping Master
230. Provisions of
Chapter to apply to master and apprentice
231. Power to make
rules
CHAPTER 17
A. UNIFOR
232. Uniforms to
be prescribed
233. Certificated
officers may wear uniforms while employed
234. Uniforms
when not to be worm
235. Persons
not to be dressed partly in uniform
236. Penalties
B. CO
237. Facilities
for making complaints
C. PROTECTION OF SEA
239.
Debts not recoverable till the conclusion of agreed services
240.
Inspection of seamen's lodging houses
241.
Prohibition against taking out property from ship
242.
Seamen's property not to be detained
243.
Ship not to be boarded without permission before seamen leave
D. RESCISSION OF CONTRACTS
244.
Power of Court to rescind contract between master, owner or agent and
seaman or apprentice
E.
245.
Constitution and functions of Central Maritime Advisory Committee
F. NATIONAL WELFARE
BOARD FOR SEA
246.
Constitution of National Welfare Board for Seamen
PART V. PASSENGER
SHIPS
CHAPTER 18.
SURVEY OF PASSENGER SHIPS
248.
No ship to carry passengers without a certificate of Survey
249.
Powers of Federal Government to exempt certain ships
250.
No port clearance until Certificate of Survey produced
251.
Power to detain ship not having certificate of survey
252.
Owner or agent responsible for survey
254.
Fees in respect of surveys
255.
Powers of Federal Government to direct that two or more surveyors be employed
256.
Division of duties when two or more surveyors employed
258.
Sending of declaration by owner or master
259.
Grant of certificate of Survey by Federal Government
260.
Powers of Federal Government to order a second survey
261.
Ships with certificates of survey or certificates of partial survey granted
outside Pakistan
262.
Duration of certificate of survey
263.
Cancellation or suspension of certificate of survey by Federal Government
264.
Alterations in ships subsequent to grant of certificate of survey and
additional surveys
265.
Delivery of expired or cancelled certificate
266.
Certificate of survey to be affixed in conspicuous part of ship