Registration of Ships in India
Which ships (excluding fishing vessels) are obligated to register under this Act?Each Indian ship of more than 15 tons net and employed solely in navigation on the Coasts of India, must registered under this Act. Unless a ship, as required to be so registered, is registered under this Act, it is not to be recognised as an Indian ship.
A ship as required to be registered by this Act, if not so registered, may be detained, until the Master of the ship produces a certificate of registry, in respect of the ship.
BASIC PROCEDURE OF REGISTRATION OF SHIPS
Ports of RegistryThe Central Government, by notification in the Official Gazette, shall declare the ports at which an Indian ship may be registered. Examples of such ports are, Bombay, Calcutta, Madras, etc. etc. The port at which an Indian ship is registered for the time-being under this Act, shall be deemed to be her port of registry and the port to which she belongs.
Registrars of Indian ShipsAt each of the ports of say Bombay, Calcutta, Madras, the Principal Officer of the concerned Mercantile Marine Department, is the ex-officio “Registrar of Indian Ships”. The Central Government, by notification in the Official Gazette, shall appoint at the ports other than Bombay, Calcutta, Madras, the respective “Registrar of Indian Ships”. However, in case the office of the Registrar of Indian Ships is vacant in a port, or, the holder of such an office is on leave or is not available, the senior-most Surveyor at that port may act as, and discharge the powers, duties and functions of Registrar in that port.
Register Book Every Registrar is required to maintain a book, called the “Register Book”. Entries in the “Register Book” need to be made in accordance with:
- The property in a ship shall be divided into 10 shares;
- Not more than 10 individuals would be entitled to be registered at the same time as the owners of any ship. This rule however would not affect the beneficial interest of any number of persons represented by or claiming under or through any registered owner or joint owner;
- No person would be entitled to be registered as the owner of a fractional part of a share in a ship. However, equal to or less than 5 persons may be registered as the joint-owners of a ship or of any share or shares therein;
- Joint owners are to be considered as constituting “one person”. They would however not be entitled to dispose in severalty (i.e. separately) of any interest/share in a ship, in respect of which they are registered.
- A Company/a Co-operative Society may be registered as the owner, by its name.
Application for Registry – Application for the registry of an Indian ship needs to be made by:
- In the case of an individual, by the person requiring to be registered as the owner, or, by his agent;
- In the case of more than one individual requiring to be registered, by some one or more of the persons so requiring, or by his or their agent; and,
- In the case of a Company/a Co-operative Society requiring to be so registered, by its agent. The authority of the agent must be testified in writing, if appointed by an individual, under the hand of the person so appointing him. If appointed by a Company / Co-operative Society, under its common seal.
Survey and Measurement of Ships before Registry
- Once the application for registry is made, the owner of the Indian ship must get that ship to be surveyed by a Surveyor. The tonnage of the ship to be so registered, should be ascertained in the prescribed manner.
- The Surveyor must issue a Certificate showing the ship’s tonnage and built, and such other particulars which help in identifying the specific type of the ship.
- The certificate as issued by the Surveyor must be delivered to the Registrar, before the registry.
Marking of the Ship
- Before registry, the owner of an Indian ship who applies for its registry under this Act must, before registry, cause the ship to be marked permanently and conspicuously, and in the manner as prescribed, to the satisfaction of the Registrar. A “Carving and Marking Note” is usually issued by the registrar, for this purpose. If a ship is not so marked, it may be detained by the Registrar.
- The owner and the Master of an Indian ship, must take steps for ensuring that the ship remains marked as stated here. The said owner and the Master must not cause or permit any alteration of the marking(s) so done, unless so permitted in this Act, or, there arises a need to evade capture by the enemy/by a foreign ship of war indulging in the exercise of some belligerent right.
Declaration of Ownership on RegistryTo be registered as the owner of an Indian ship or of a share therein, the person must sign a “declaration of ownership” in the prescribed form, referring to the ship, as described in the “certificate of the surveyor”. In the case of a company/co-operative society, the person as authorised by this Act to make declarations on its behalf, must sign the said “declaration of ownership”. The declaration needs to contain the following particulars:
- A statement whether he is or not a citizen of India. In the case of a company/co-operative society, whether they satisfy the requirements mentioned as per clauses “B” and “C” under, “which ship can be taken as an Indian ship?”, above;
- A statement of the time and place where the said ship has been built. If the ship is built outside India and the time and place of building is not known, a statement to that effect is necessary. In case the ship was previously registered outside India, a statement of the name by which she was registered;
- The name of the vessel’s Master;
- The number of shares in the ship in respect of which the individual or the company/co-operative society, as applicable, claims to be registered as the owner; and,
- A declaration that the facts stated from “a” to “d”, are true to the best of his knowledge and belief.
- In case a ship or share is owned by more than one person, a declaration needs to be made by the one, as authorised by the others.
- Signed in the presence of any one of the following :
- Special Executive Magistrate
- Commissioner of Oaths
- Indian Consular Officer
• Name of the ship, as proposed by the owner and approved by D.G. Shipping unless it is already borne by another ship.
• Allotment of Official number and Call sign by D.G. Shipping.Evidence on First RegistryIn addition to the “declaration of ownership”, if the Indian ship is registered for the first time, in addition to the “declaration of ownership”, the following evidence is required to be produced:
- In case of a ship built in India, a Builder’s certificate, signed by the builder of the ship, containing,
- A true account of the proper denomination and the tonnage of the ship as estimated by him;
- The time and place of the built; and,
- On whose account the ship was built.
- If the ship has been involved in any sale, the “instrument of sale” under which the ship or the share therein has become vested in the applicant for registry.
- In case the ship was built outside India, the same evidence as in the case of a ship built in India, has to be furnished.
- In case the declarant states that that the time and date of the built of the ship is unknown, or, that the builder’s certificate cannot be procured, the “instrument of sale” under which the ship or a share therein has become vested in the applicant for the ship’s registry, needs to be furnished.
Entry of Particulars in the Register Book After the preliminary registration requirements as required by this Act are complied with, the registrar needs to enter in the register book, the following particulars in respect of the ship:
- The name of the ship and the name of the port to which she belongs;
- The ship’s identification number;
- The details mentioned in the Surveyor’s certificate(as explained above);
- The particulars respecting her origin as stated in the Declaration of Ownership, and,
- The name and description of her registered owner/owners, and, if there are more owners than one, the number of shares owned by each of them.
Documents to be retained by the RegistrarOn completion of the registration formalities, the Registrar needs to retain in his custody the following documents:
- The Surveyor’s certificate;
- The Builder’s certificate;
- Any Instrument of Sale by which the sold previously; and,
- All Declarations of Ownership.
Mortgage of a ship or share, and, discharge thereof A registered ship or a share therein may be made a “security for a loan or other valuable consideration”, and the instrument creating the security, known as “mortgage” for this Act, needs to be made in the prescribed form. On the production of such instrument, the registrar of the ship’s port of registry must record it the register book.
Mortgages must be recorded by the registrar in the order and as per the time in which they have had been produced to him for that purpose. The registrar shall, by a memorandum under his hand, notify on each mortgage that it has been recorded by him stating the day and hour of that record.
When a registered mortgage is discharged, the registrar must, on the production of the mortgage deed with a receipt for the mortgage money endorsed thereon, duly signed and attested, make an entry in the register book to the effect that the mortgage has been discharged.
It is to be noted that the mortgagee (i.e. the lender), shall not, by reason of his mortgage, be deemed to be the owner of the ship or share. Similarly, the mortgagor is not to be deemed to have ceased to be the owner thereof.
Liabilities of Ships not recognised as Indian Ships In cases where a ship is declared by this Act that an Indian ship shall not be recognized accordingly, that ship shall not be entitled to any privileges, benefits, advantages or protection usually enjoyed by Indian ships, or to use the Indian national colours as used by Indian ships, or to assume the Indian national character.
However, as regards the payment of dues , liability to fine and forfeiture, and the award of punishment for offences committed on board such ships are concerned, such ships shall be dealt with in the same manner in all respects, as if she were a recognised Indian ship.
Power to Register Government ShipsThe Central Government, by notification in the Official Gazette, direct that, subject to such rules as may be made in this regard, ships belonging to the Government, other than ships of the Indian Navy, may be registered as Indian ships under this Act, subject to any exceptions and modifications which need be made in the said notification.
