PART XIA
PREVENTION AND CONTAINMENT OF POLLUTION OF THE SEA BY OIL

356A. Commencement and application
356B. Definitions
Provisions for Prevention of Pollution
356C. Prohibitions as to discharge of oil or oily mixture
356D. Prohibition not to apply in certain case
356E. Equipment in ships to prevent oil pollution
356F. Oil record book
365G. Inspection and control of ship to which the Convention applies
365H. Information regarding contravention of the provisions of the Convention
356I. Oil reception facilities at ports in India
Provisions for containment of accident pollution
356J. Power to give notice to owner, etc.,of polluting ships
356K. Power to take measures for preventing or containing oil pollution
356L. Power of the Central Government to give directions to certain ships to render certain services
356M. Oil Pollution cess
356N. Refusal of port clearance BACK
356O. Power to make rules

PART XII
INVESTIGATIONS AND INQUIRIES

357. Definition of "coasts"
358. Shipping casualties and report thereof
359. Report of shipping casualties to Central Government
360. Application to court for formal investigation
361. Court empowered to make formal investigation
362. Power of court of investigation to inquire into charges against masters, mates and engineers
363. Power of Central Government to direct inquiry into charges of incompetence or misconduct
364. Opportunity to be given to person to make defence
365. Power of court as to evidence and regulation of proceedings
366. Assessors
367. Power to arrest witness and enter ships
368. Power to commit for trial and bind over witnesses
369. Report by court to Central Government
370. Powers of court as to certificates granted by Central Government
371. Power of court to censure master, mate or engineer
372. Power of court to remove master and appoint new master

Marine Board
382. Re- hearing
383. Constitution of court of survey

387. Reference in difficult cases to scientific person
388. Power to investigate cause of explosion or fire on board ship

356a. Commencement and application-- (1) The provisions of this Part shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different provisions of this Part.

(2) This Part shall apply to---
(a) tankers of one hundred and fifty tons gross or more;
(b) other ships of five hundred tons gross or more; and
(c) off-shore installations.

356B. Definitions-- In this Part, unless the context otherwise requires--
(a) “cargo” includes ballast and ship’s stores and fuel;
(b) “coast” includes any island forming part of India;
(c) “coastal waters” means any part of the territorial waters of India or any marine areas adjacent thereto over which India has, or, may hereafter have exclusive jurisdiction in regard to control of marine pollution under the Territiorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976), or any other law for the time being in force;
(d) “Convention” means the International Convention for the Prevention of Pollution of the Sea by Oil, 1954, signed in London on the 12thd ay of May, 1954, as amended from time to time;
(e) "discharge" , in relation to oil or oily mixture, means any discharge or escape, however, caused:;
(f) the expression “free nearest land” shall mean the baseline from which the territorial sea of the territory in question is established in accordance with the Geneva Convention on the Territorial Sea and the Contiguous Zone, 1958, except that in relation to north-eastern coast of Austraila it shall mean from a line drawn from a point on the coast of Australia in latitude 11 degree South, longitude 142 degree 08’ East to a point in latitude 10degree 35’ South, longitude 141degree 55’ East--

thence to a point latitude 10*00, South, longitude 142* oo’ East

thence to a point latitude 9*10’ South, longitude 143*52’ East

thence to a pointl latitude 9*00’ South, longitude 144*30’ East

thence to a point latitude 13*00’ South, longitude 144*00’ East

thence to a point latitude 15*00’ South, longitude 146*00’ East

thence to a point latitude 18*00’ South, longitude 147*00’ East

thence to a point latitude 21*00’ South, longitude 153*00’ East

thence to a point on the coast of Australia in latitude 24*42’
South, longitude 153*15’ East;

(g) “instantaneous rate of discharge of oil content” means the rate of discharge of oil in litres per hour at any instant divided by the speed of the ship in knots ast the same instant;
(h) “mile” means a nautical mile of 1,852 metres;
(i) ‘off-shore installation” means an installation, whether mobile, or fixed, which is used or is intended to be used for under-water exploration or exploitation of crude oil, petroleum or other similar mineral oils, under lease, licence or any other form of contractual arrangement and includes--

(a) any installation which could be moved from place to place under its own motive power or otherwise; and

(b) a pipe-line;

(j) “oil” means--

(i) crude oil;

(ii) fuel oil;

(iii)heavy diesel oil conforming to such specifications as may be prescribed; and

(iv) lubricating oil;

(k) “oily mixture” mans a mixture with any oil content;
(l) “oil reception facilities” in realation to a port, means facilities for enabling vessels using the port to discharge or deposit oil residues;
(m) “ship” means any sea-going vessel of any type whatsoever, including a floating craft, whether self prephelled or towed by another vessel, making a sea voyage;
(n) “tanker”means a ship in which greater part of the cargo space is constructed or adapted for the carriage of liquid cargoes in bulk and which is not, for the time being, carrying a cargo other than oil in that poart of its cargo space.

356C. Prohibition as to discharge of oil or oily mixture-- (1) No oil or oily mixture shall be discharged from an Indain tanker anywhere into the sea or from a foreign tanker anywhere wihtin the coastal waters of India except where each of the following conditions is satisfied, namley--

(a) the taner is proceding en-route;
(b) the instantaneious rate of discharge of oil content does not exceed sixty litres per mile;
(c) the total quantity of oil discharged does not exceed 1/15,000 part of the total carrying capacity of the tanker;
(d) the tanker is more than 50 miles from nearest land; and
(e) the tanker is not within the designated areas notified as such under sub-section (6) of section 7of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976).

Provided that the provisions of this sub-section shall not apply to--

(I) the discharge of ballast from a cargo tank which, since the cargo was last carried therein, has been so cleaned that any affluent therefrom would, if discharged from a stationery tanker into clean calm waters on a clear day, produce no visible traces of oil on the surface of the water; or
(ii) the discharge of oil or oily mixture from machinery space bilges, if any such discharge is made in compliance with the provisions of sub-section (2) as if it were made from a ship other than a tanker.

(2) No oil or oily mixture shall be discharged from an Indain ship other than a tanker anywhere into the sea or from a foreign ship other than a tanker within the coastal water of India except where each of the following conditions is satisfied, namely--

(a) the ship is proceeding en-route;
(b) the instantaneous rate of discharge of oil content does not exceed sixty litres per mile;
(c) the oil content of the discharge is less than one hundred parts per million parts of the oily mixture;
(d) the discharge is made as far from nearest land as practicable; and
(e) the ship is not within the designated area notified as such under sub-section (6 of section 7 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976).

(3) The discharge of oil or oily mixture into the sea from any off-shore installation is hereby prohibited.

356D. Prohibition not to apply in certain cases-- Nothing in section 356C shall apply to---

(a) the discharge of oil or oily mixture from a ship or an off-shore installation for the purpose of--

(I) safety of such ship or off-shore installation; or

(ii) preventing damage to such ship or off-shore installation or cargo, if any, on board such ship or off-shore installation; or

(iii) saving life at sea;

(b) the escape of oil or oily mixture resulting from damage to or unavoidable leakage from a ship or on off-shore installation if, after occurance of the leakage, all reasonable precautions have been taken for the purpose of preventing or minimising such escape;
(c) the discharge of oily mixture from the bilges of a ship during the period of twleve months following the date on which this section comes into force.

356E. Equipment in ships to prevent oil pollution-- For the purpose of preventing or reducing discharges of oil and oily mixtures into the sea, the Central Government may make rules requiring Indian ships to be fitted with such equipment and to comply wiht such other requirements (includig requirements for preventing the escape of fuel oil or crude oil or heavy diesel oil into bilges) as may be prescribed.

356F. Oil record book-- (1) Every Indian tanker and every other Indian ship which uses oil as fuel shall maintain on board the tanker or such other ship an oil record book in the prescribed form.

Provided that different forms may be prescribed for tankers and other ships

(2) The manner in which the oil record book shall be maintained, the nature of entries to be made, therein, the time and circumstances in which such entries shall be made, the custody and disposal thereof, and all other matters relating thereto shall be such as may be prescribed having regard to the provisions of the Convention.

356G. Inspection and control of ships to which the Convention applies-- (1) A surveyor or any person authorised in this behalf may, at any reasonable time, go on board a ship to which any of the provisions of this Part applies, for the purpose of--

(a) ensuring that the prohibitions, restrictions and obligations imposed by or under this Part are complied with;
(b) satisfying himself about the adequacy of the measures taken to prevent the escape of oil or oily mixture from the ship;
(c) ascertaining the circumstances relating to an alleged discharge of oil or oily mixture from the ship in contravention of the provisions of this Part; and
(d) inspecting the oil record book.

(2) The surveyor or any such person may, if necessary, make, without unduly delaying the ship, a true copy of any entry in the oil record book of the ship and may require the master of the ship to certify the copy to be a true copy and such copy shall be admissible as evidence of the facts stated therein.

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