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356H.
Information regarding convention of the provisions of the Convention--
(1) If, on report from a surveyor or other person authorised to
inspect a vessel under section 356G, the Central Government is satisfied
that any provision of the Convention has been contravened anywhere
by a foreign ship, being a ship to which the provisions of the Convention
apply, it shall transmit particulars of the alleged contravention
to the Government of the country to which the ship belongs.
(2)
On receipt of information from the Government of any country which
has ratified the Convention that an Indian ship has contravened
may provisions of the Convention, the Central Government may, if
it deems it necessary so to do, request such Government to furnish
further details of the alleged contravention, and if satisfied that
sufficient evidence is available to establish contravention of any
of the provisions of this Part or rules made thereunder, take appropriate
action against the owner or master and intimate the reporting Government
of the action so taken.
356I.
Oil reception facilities at ports in India-- (1) Notwithstanding
anything contained in any other law for the time being in force,
in respect of every port in India, the powers of the port authority
shall include the power to provide oil reception facilities.
(2)
A port authority providing oil reception facilities or a person
providing such facilities by arrangement with the port authority,
may make charges for the use of the facilities at such rates and
may impose such conditions in respect of the use thereof as may
be approved, by notification in the Official Gazette, by the Central
Government in respect of the port.
(3)
Where the Central Government is satisfied that there are no oil
reception faciliteis at any port in India or that the facilities
avaliable at such port are not adequate for enabling ships calling
at such port to comply with the requirements of the Convention,
the Central Government may, after consultation with the port authority
in charge of such port, direct, by order in writing, such authority
to provide or arrange for the porvision of such oil reception facilities
as may be specified in the order.
(4)
The Central Government may, by notification in the Official Gazette,
specify the ports in India having oil reception facilities in accordance
with the requirements of the Convention.
Explanation--
For the purpose of this section, “port authority” means:
(a)
in relation to any major part, the Board of Trustees in respect
of that port constituted under any law for the time being in force;
(b)
in relation to any other port, the Conservator of the Port, within
the meaning of section 7 of the Indian Ports Act, 1908 (15 of 1908).
Provisions
for containment of accident pollution
356J.
Power to give notice to owner, etc. Of polluting ship-- (1) Where
the Central Government is satisfied that--
(a)
oil is escaping or is likely to escape from a tanker, a ship other
than a tanker or any off-shore installation; and
(b)
the oil so escaped or likely to escape is causing or threatens to
cause pollution of any part of coasts or coastal waters of India,
it may, for the purpose of minimising the pollution alerady caused,
or, for preventing the pollution threatened to be caused, require--
(i)
the owner, agent, master or character of the tanker,
(ii)
the owner, agent, master or charterer of the ship other than a tanker,
(iii)
the owner, agent, master charterer or operator of a mobile off-shore
installation,
(iv)
the owner, operator, lessee or licensee of off-shore installation
of any other type,
or
all or any of them, by notice served on him or as the case may be
on them, to take such action in relation to the tanker, ship other
than a tanker, mobile off-shore installation, or, as the case may
be, off-shore installation of any other type or its cargo or in
relation to both, as may be specified in such notice.
(2)
Without prejudice to the generality of sub-section (1), the notice
issued under that sub-section may require the person or person on
whom such notice is served to take action relating to any or all
of the following matters, namely;-
(a)
action for preventing the escape of oil from the tanker, ship other
than a tanker, mobile off-shore installation or off-shore installation
of any other type;
(b)
action for removing oil from the tanker, ship other than a tanker,
mobile off-shore installation or off-shore installation of any other
type in such manner, if any, and to such place, if any, as may be
specified in the notice:
(c)
action for removal of the tanker, ship other than a tanker, mobile
off-shore installation or off-shore installation of any other type
to a place, if any, as may be specified in the notice;
(d)
action for removal of the oil slicks on the surface of the sea in
such manner, if any, as may be specified in the notice.
(e)
action to disperse the oil slicks on the surface of the sea in such
manner, if any, as may be specified in the notice.
(3)
The Central Government may, by any notice issued under sub-section
(1), prohibit the removal--
(a)
of the tanker, ship other than a tanker, mobile off-shore installation
or off-shore installation of any other type, from a place specified
in the notice;
(b)
from the tanker, ship other than a tanker, mobile off-shore installation
or off-shore installation of any other type, of any cargo or stores
as may be specified in the notice,
except
with its previous permission and upon such conditions, if any, as
may be specified in the notice.
(4)
Notwithstanding anything contained in sub-section (2), the Central
Government may, if it is of the opinion that the pollution caused
or likely to be caused has or may present a grave emergency, proceed
to take such measures as may be deemed necessary and any measures
so taken shall be deemed to have been taken under section 356K.
356K.
Powers to take measures for preventing or containing oil pollution--
(1)
Where any person fails to comply, or fails to comply in part, with
any notice served on him under section 356J, the Central Government
may, whether or not such person is convicted of an offence under
this Part by reason of his having so failed to comply, cause such
action to be taken as it may deem necessary for--
(I)
carrying out the directives given in the notice issued under section
356J; and
(ii)
containing the pollution already caused or preventing the pollution
threatened to be caused, of coastal waters or, as the case may be,
of any part of the coast of India by oil escaped or threatning to
escape from the tanker, a ship other than a tanker, a mobile oil-shore
installation or off-shore installation of any other type.
(2)
Subject to the provisions of Part XB, any expenditure or liability
incurred by the Central Government in, or by reason of, the exercise
of pwoers under sub-section (1) in relation to any tanker, ship
other than a tanker, mobile off-shore installation or off-shore
installation of any other type in respect of which a notice had
been issued under section 356J, or its cargo of oil that had escaped
or was discharged into the sea, shall be a debt due to the Central
Government by the person or persons on whom the notice was served
and may be recovered from that person, or as the case may be, from
all or any of those persons and shall be a charge upon all or any
tanker, ship other than a tanker, mobile off-shore installation
or off-shore installation of any other type owned by that person
or persons which may be detained by the Central Government until
the amount is paid.
Provided that provisions of Part XB of this Act shall not apply
to measures taken in respect of any off-shore installation which
is not a ship within the meaning of this Act except that in the
event of pollution damage caused by any such off-shore installation
the person who is liable for the damage may claim exoneration from
any liability if he proves that such damage--
(a)
resulted from an act of war, hostillities, civil war, insurrection
or a natural phenomenon of an exceptional, ineviable and irresstible
character; or
(b)
was wholly caused by an act or omission done with intent to cause
that damage by any other perosn; or
(c)
was wholly caused by the negligence or other wrongful act of any
government or other authority responsible for the maintenance of
lights or other navigational aids in exercise of its functions in
that behalf.
356L.
Power of the Central Government to give directions to certain ships
to render certain services-- (1) Where for the purposes of taking
any measures under sub-section (1) of sectino 356K, services of
any Indian ship become necessary for--
(i)
lightening or transporting any cargo or equipment from or to the
polluting ship; or
(ii)
providing any assistance to any other ship or equipment engaged
in rendering services under clause(i),
the
Central Government may, if it deems it necessary so to do, direct,
by an order in writing, the owner of any Indian ship, tug, barge
or any other equipment to provide such services or assistance as
may be specified in that order.
(2)
The owner of any ship, tug, barge or any other equipment with respect
to which an order under sub-section (1) has been made shall be entitled
to tariff rates of freight and charter hire, at reasonable rates
having regard to current market conditions.
Provided
that where tariff rates of freight are not fixed or where there
is any dispute about reasonable rate of charter hire, the freight
or, as the case may be, charter hire, shall be paid at such rates
as may be fixed by the Director-General by an order in writing.
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