Merchant Shipping Act,1958
Act No : 44
Section :
Power to give notice to owner, etc., of polluting ship.
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 is 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 already caused, or, for preventing the pollution threatened to be caused, require-- (i) the owner, agent, master or charterer 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 persons 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.
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