Merchant Shipping Act,1958
Act No : 44
Section :
Definitions.
352H. Definitions. 2*** In this Part, unless the context otherwise requires,-- (a) "incident" means any occurrence, or series of occurrences having the same origin, which causes pollution damage; (b) "oil" means any persistent oil such as crude oil, fuel oil, heavy diesel oil, lubricating oil and whale oil, whether carried on board a tanker as cargo or fuel; (c) "owner" means-- (i) the person registered as owner of the ship and includes the operator who for the time being is in charge of the ship and the master of the ship; or (ii) in the absence of registration, the person owning the ship; or (iii) in the case of a tanker owned by a foreign State, the person registered in that State as operator of the ship; (d) "pollution damage" means loss or damage caused outside the ship by contamination resulting from escape or discharge of oil from that ship, wherever such escape or discharge occurs, and includes the costs of preventive measures and further loss or damage caused by preventive measures; so, however, that the provisions of clause (a) of sub-section (1) of section 352B shall not apply to such loss or damage; (e) "preventive measures" means any reasonable measures taken by any person after the incident to prevent or minimise pollution damage. 3*[(f) "tonnage" means the tonnage of a ship determined in accordance with the provisions of section 352B and where it is not so determinable, it means forty per cent of the weight in tons of oil cargo the ship is capable of carrying.] 2* * * * *
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