SHIP COLLISION OFF THE COAST OF INDIA -- COURSE OF ACTION

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Section 350 of part X of MS act 1958 as amended, states that “when a ship has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or her efficiency either in her hull or in her machinery, the owner or master shall within 24 hrs after the happening of the incident, transmit to the central government or the nearest principal officer a report of the accident or damage and of the probable cause there of stating the name of the ship, her official number, her port of registry and the place where she is.”

So as per MS act 1958 as amended, master of the vessel should inform the government or P.O. regarding the accident as soon as possible. Master can approach the following the station and report about the accident and the present scenario:-
1) Coastal radio station
2) Port radio station
3) DG communication centre
4) Commander of any naval ship nearby
5) Indian coastguard
6) Nearest principal officer of MMD
Master should clearly state in his report about the collision and loss of lives. The situation should be explained properly. He should clearly state about the assistance required if any regarding injury to personnel or threat to marine environment. In India, search and rescue operation, combating marine pollution, salvage operation is performed by Indian coastguard. So, if any such assistance is required coastguard will rush to the venue and will perform the duty under technical guidance of DG.

    Section 349 of MS act states that in every case of collision, in which it is practicable to do so, the master of every vessel shall immediately after the occurrence, cause a statement regarding occurrence and the circumstances under which it happened and same to be entered in official log book.
Section 348 of MS act states that in every case of collision between two ships it shall be the duty of the master or person in charge of each ship, without endangering his own vessel, crew and passengers, render assistance to the other ship, her master, crew and passenger.
After the rescue operation is completed and the ship is restored in safe condition and the environment is taken care of, the officer appointed by the central government in this behalf will report in writing to the central government and may proceed to make a preliminary enquiry into the casualty.
The purpose of the inquiry is to establish:-
1) The shipping casualty has occurred within the meaning of the act.
2) The voyage details leading to casualty
3) The events leading to casualty
4) The extent to which loss of life or loss of property has occurred due to the shipping casualty
5) The causes that led to the casualty- including acts of incompetency, negligence or misconduct of the person
In conducting the preliminary inquiry the officer has the following responsibility:-
1) To inform the central government and the state government concerned where necessary, the details of the shipping casualty occurring within their jurisdiction
2) To go on board the ship and inspect the same including machinery and equipment, but not unnecessarily detaining or delaying her from proceeding her on any voyage
3) To enter and inspect any premises to facilitate the completion of the preliminary enquiry.
4) To summons the persons he think to take statement to complete the preliminary enquiry
5) To demand the production of all log books, documents or papers he considers necessary for enquiry
6) To submit the report to the central government
Section 360 of the MS act says that the officer appointed to do the preliminary enquiry, whether he has made a enquiry or not, may, and where the central government directs, shall make an application to the court empowered, requesting it to make a formal enquiry into the casualty and the court shall thereupon make such investigation.
A judicial magistrate of the first class specially empowered in this behalf by the central government and metropolitan magistrate shall have the jurisdiction to make formal investigation into shipping casualties.
    The courts are assisted by assessors having requisite technical and are independent of all the interest concerned. Assessors should not be less than 2 and more than 4. The assessors shall attend during the investigation and deliver their opinions in writing, but the exercise of all powers shall rest with the court. The assessors shall be chosen from a list to be prepared from time to time by the central government.
    Any court making a formal investigation into a shipping casualty may inquire into any charge of incompetency or misconduct arising in the course of investigation, against any master, mate or engineer.
 Court has got the power to cancel or suspend the certificate of master, mate or engineer if they are found to be guilty regarding the casualty happened due to wrongful act or default of such master, mate or engineer.
    Report of court, unless the cancellation or suspension of any officers’ certificate is not involved, the court need not tell its decision in open court. It should transmit full report of conclusion to central government.

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