Power vested with state for preventing or containing oil pollution

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MS act 1958 gives power to the state to give notice and to take measures for preventing or containing the oil pollution. Power vested with the state is described in section 356J to 356 O

356 J:- If central government is satisfied that oil is escaping or is likely to escape from a tanker, ship other than tanker or offshore installation and this is causing or threatens to cause pollution of coastal water of India, may for purpose of minimizing the pollution issue notice to owner, agent, master or charterer of the ship.
          Notice may contain
  • action for preventing the escape of oil 
  • action for removing oil
  • action for removal of the ship
  • action for removal of the oil slick on surface of sea
  • action to disperse the oil slicks on surface of sea
                                   as specified in notice.
356 K:- Where any person fails to comply with the notice served on him in above section, central government may convict the person. Any expenditure or liability incurred by central government for oil pollution damage may be recovered from that person to whom the notice has been issued and he fails to comply.
356 L:- Central government if finds necessary, direct by an order in writing, the owner of any Indian ship, tug or barge to provide the services to the ship which is likely to cause oil pollution or oil is escaping from ship.

356 M:- Central government may by notification in the official gazette, specify, there shall be levied on every ship calling at any port in India being a ship which carries oil as cargo, a cess to be called oil pollution cess. The cess may be utilized in providing reception facilities and for combating oil pollution.

356 N:- Any ship which does not pay the cess will not get port clearance from the officer in charge.

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