MERCHANT SHIPPING ACT ARRANGMENT OF SECTIONS PART I Administration of the Act ...

731 Pages·2012·6.83 MB·English

MERCHANT SHIPPING ACT
ARRANGMENT OF SECTIONS
PART I
Administration of the Act
SECTION
1. Administration of Act and delegation of powers.
2. Agency for Maritime Safety Administration.
3. Returns as to merchant shipping, etc., to the Minister.
4. Appointment of officers.
PART II
Restriction on Trading in Nigeria
5. Certificate of licence required by all ships trading in Nigeria.
National Character of Ships
6. Need to show colours.
7. National character of ships to be declared before clearance.
8. Penalty for unduly assuming Nigerian character.
9. Penalty for concealment of Nigerian or assumption of foreign character.
10. Penalty for acquiring ownership if unqualified.
11. Liabilities of ships not recognised as Nigerian ships.
12. Penalty for carrying improper colour.
Name of Ship
13. Name of ship.
14. Change of nature of ship.
15. Minister to make rules regarding name of ship.
PART III
Registration and Licensing of Ships
Registries of Ships
16. Registry of ships.
17. Register or books.
Qualificationsfor Owning Nigerian Ships
18. Qualification for owning Nigerian ships.
19. Obligation to register ships.
Procedure for Registraton
20. Minister to make regulations.
21.Application for Registration.
22.Survey and measurement of ship.
23.Marketing of ship.
24.Declaration of ownership in registry.
25.Entry of particulars in register.
26.Entry of particulars in register.
27.Managing owner to be registered.
28.Cancellation of registration
29.Restriction on deregistration of ship.
Certificate of Registry
30.Issue and custody of certificate of registration
31.Use of impoper certificate .
32.Power to grant new certificate.
33.Endorsement of change of master on certificate.
34.Endorsement of change of ownership on certificate of registry.
35.Endorsement of change of ownership on certificate registry.
36.Re- registration of abandoned ships
37.Provisional certificate for ship which in foreign country becomes Nigerian owned.
38.Temporary passes instead of certificate of registry.
39.………..
40.Procedure for registration of alteration.
41.Provisional certificate where ship registered anew.
42.Procedure for registration anew.
Transfer of Registry
43. Transfer of registry within Nigeria.
44. Nigerian licensed ships.
Forfeiture of ships.
45. Proceedings on the forfeitures of ships.
Incapacitated persons.
46. Provisions for cases of infancy.
Trusts and Equitable Rights.
47. Notices of trust not acceptable.
48. Equities not excluded by Act and liabilities of owner.
Declaration, etc.
49. Power of Registrar to dispense with declarations and other evidence.
50. Mode of other declaration
51. Evidence of other foreign reisters.
52. Forms of documents and instructions as to registry.
53. Forgery of documents and false declarations.
PART IV
Mortgages
54. Mortgage of ship or share in ship.
55. Obligation of mortgagor to disclose existing liabilities.
56. Entry of discharge of mortgage.
57. Priority of mortgages.
58. Powers of mortgagee.
59. Transfer of mortgage.
60. Transmission of interest in mortgage by death, bankruptcy, etc.
Mortgages and Transfer of Nigerian Ships out of Nigeria
61. Authority to sell or mortgage out of Nigeria.
62. Rules as to certificates of mortgage.
63. Loss of certificate of sale or mortgage.
64. Revocation of certificate of sale or mortgage.
PARTV
Certificate of Sale
65. General rules for certificates of sales.
66. Procedure where ship sold under certificate of sale granted in Nigeria.
PARTVI
Maritime Liens
67. Source of maritime liens.
68. Priority of maritime liens.
69. Order of priority of maritime liens.
70. Rights of ship builder and ship repairer.
71. Overriding nature of maritime lien.
72. No lien attaching to claims related to oil pollution or radio-active material.
73. Extinguishing period for maritime liens.
74. Interpretation of limitation period.
75. Effects offorced sale of ship.
76. Proceeds of sale.
77. Certificate of sale by court.
PART VII
Transfers and Transmissions
78. Transfer by bill of sale.
79. Registry of transfer.
SECTION
80. Transmission of property in ship on death, bankruptcy, etc.
81. Order for sale on transmission to unqualified person.
82. Transfer on sale of ship by order of court.
PART VIII
Certificate of Competency of Masters and Crew
83. Regulations regarding manning and qualifications of persons serving on Nigerian ship.
84. Power to exempt ship.
85. Approval of foreign certificate.
86. Tribunal of Inquiry.
87. Tribunal may recommend cancellation, etc., of a certificate.
88. Cancellation of certificate by the Minister.
89. Appeals against cancellation, etc., of certificate.
90. Offences.
PART IX
Employment of Seamen
91. Seafarer Services Office, NMLA No. 46 of2003.
92. Functions of superintendent.
Agreementfor Sea Service
93. Agreement with crew.
94. Form, period and conditions of agreement.
95. Provisions for termination.
96. Special provisions as to agreement with crew of a sea-going ship.
97. Special provisions as to agreement with crew of a ship other than a sea-going ship.
98. Fees upon engagement and discharge.
99. Changes in crew of sea-going ships to be reported.
100. Certificate as to agreement with crew of sea-going ship.
101. Certificate as to agreement with the crew of a ship other than a sea-going ship.
102. Copy of agreement not to be made accessible.
103. Forgery, etc., of agreement with crew.
104. Alterations of agreement with crew.
105. Seaman not to be bound to produce agreement.
Agreement with Local Seamen
106. Engagement of local seamen.
107. Engagement between masters of foreign ships and local seamen.
108. Penalty for breach.
109. Inspection of foreign ships in connection with engagement of local seamen.
Discharge of Seamen
110. Procedure on discharge of seamen, etc.
SECTION
111. Report of seaman's character.
112. Fake or forged certificate of report of character.
Special Provision as to Seamen Left Behind Abroad
113. Certificate of proper officer required where seaman left behind abroad.
114. Account of wages in case of seaman left behind on ground of unfitness,
etc.
115. Payment of wages of seaman left behind on ground of unfitness, etc.
116. Application by appropriate officer of payments on account of seaman left
behind in foreign country.
117. Repatriation of seaman on termination of service at foreign port.
Distressed Seamen
118. Rules as to relief and maintenance of distressed seamen.
119. Provisions for relief and maintenance of distressed or shipwrecked
seaman.
120. Recovery of money advanced for distressed seaman.
121. Mode for providing for return.
122. Decision on questions as to return port.
123. Provisions as to taking distressed seaman on ship, etc.
124. Appropriate officer may require master of Nigerian ship to take seaman in distress.
Payment of Wages
125. Payment of wages before superintendent.
126. Master to deliver account of wages.
127. Deductions from wages.
128. Notice of disrating of seaman.
129. Time of payment of wages of sea-going ships.
130. Time of payment of wages for Nigerian ship other than a sea-going ship.
131. Settlement of wages.
132. Decision on wages by superintendent.
133. Power of superintendent to require production of ship's papers.
134. Rule as to payment of seaman in currency other than that mentioned
in the agreement.
Annual Leave with Pay for Seamen
135. Leave entitlement.
136. Pro-rata entitlement for periods less than one year.
137. Unavoidable absence to be counted as part of period of service.
138. Periods not to be counted as part of leave.
139. Leave pay in advance.
140. Payment in lieu ofleave.
141. Divisibility of leave pay.
142. Place of taking of annual leave.
143. Agreement to relinquish right to leave null and void.
144. Cancellation of annual leave emergency.
Advance and Allotment of Wages
SECTION
145. Advances restricted.
146. Allotment notes.
147. Allotment through savings banks.
148. Master to give facilities.
149. Right of suing on allotment notes.
Rights of Seamen in respect of Wages
150. Time for payment of an allotment note.
151. Right to wages, etc., when to begin.
152. Right to recover wages and salvage not to be forfeited.
153. Wages not to depend on freight.
154. Wages on termination of service by wreck.
155. Wages on termination of service by illness.
156. Wages not to accrue during refusal to work or imprisonment.
157. Forfeiture of wages, etc., of seaman when illness caused by his own default.
158. Court's order on cost of punishment may be deducted from wages.
159. Compensation to seaman improperly discharged.
160. Restriction on sale of a charge upon wages.
Mode of Recovering Wages
161. Summary proceedings for wages.
162. Savings for cases of ships other than Nigerian ships.
163. Remedies of master for wages disbursements, etc.
164. Powers of court in case of unreasonable delay in paying master's wages.
Powers of Court to Rescind Contracts
165. Power of court to rescind contract between owner or master and seaman or cadet.
Property of Deceased Seaman
166. Property of seaman who dies during voyage.
167. Dealing with and account of property of seaman who dies during voyage.
168. Penalty for non-compliance with provisions as to property of the deceased seaman.
169. Recovery of wages of seaman with owner of ship.
170. Property of seaman dying in Nigeria.
171. Payment over of property of deceased seaman by the superintendent.
172. Dealing with deceased seaman's property when he leaves a will.
173. Claims by the children.
174. Dealing with unclaimed property of deceased seaman.
175. Forgery of documents, etc., for the purpose of obtaining property of deceased seaman.
PART X
Welfare of Seamen
Provisions, Health and Accommodation
SECTION
176. Definition.
177. Regulations relating to crew accommodation.
178. Complaints as to provisions of water.
179. Inspection of provisions and water.
180. Allowance of short or bad provisions.
181. Weights and measures on board.
182. Ship to carry medicines, etc., in accordance with scale.
183. Inspection of medicines, etc.
184. Expenses of medical attendance in case of injury or illness.
185. Recovery of expenses from owner.
186. Accommodation of seamen, etc.
187. Certain ships to carry medical practitioner.
188. Penalty on master for filthy condition of passenger carrying ship.
189. Medical inspection of seaman.
Prevention of Accident to Seaman
190. Accidents to be reported and investigated.
191. Superintendent to investigate serious accident.
192. Minister to make regulations.
193. Minister to promote training in accident prevention.
Facilitiesfor making Complaints
194. Facilities for making complaints.
Provisions as to Discipline
195. Misconduct endangering life or ship.
196. Notice of absence from ship or duty given by seaman or cadet.
197. General offences against discipline.
198. Summary remedies not to affect other remedies.
199. Penalty for false statement as to last ship or name.
200.Deductions of fines from wages and payment to superintendent.
20 1. Penalty on stowaways.
202. Master's powers of arrest.
PART XI
Registers
Official Log-books
203. Official log-books as evidence.
204. Entries required in official log-book.
205. Offences in respect of official log-books.
206. Delivery of official log-books to the superintendent.
207. Official log-books to be sent to Registrar of Ships on transfer or loss of ship.
Registration and Returns
208. Register of Seamen.
209. Return of births and deaths on Nigerian ships.
210. Transmission of documents to Minister.
211. Documents to be handed over to successor on change of master.
Miscellaneous
212. Minister may dispense with transaction before superintendent.
213. Deposit of documents at overseas port.
214. Conflict of laws.
215. Application to unregistered ships.
PART XII
Safety of Life at Sea
General Provisions
216. Application of some related maritime safety Conventions and Protocols.
217. Regulations.
218. Breach of safety regulations.
Survey of Ships
219. Surveyors of ships.
220. Ships to be surveyed annually.
221. Surveyor's record of inspections and certificates.
222. Ships not to proceed to sea without certificate of survey.
223. Declaration of survey and partial surveys.
224. Owner may appeal if surveyor refuses declaration.
225. Surveyors to make returns.
226. Recognition of certificate of survey granted in other countries.
Certificates
227. Issue of certificates of survey
228. Issue of safety certificates to passengers ships, e.t.c
229. Issue to cargo ships of safety equipment and exemption certificates
230. Issue to cargo ships of radio certificates and exemption certificates
231. Issue of general safety certificates, etc., on partial compliance with rules
232. Transmission of certificates.
233. Modification of provisions for exemption of ships
234. Notice of alterations and additional surveys
235. Certificate to be posted on board
SECTION
236. Prohibition on proceeding to sea without appropriate certificates.
237. Modification of Safety Convention certificates in respect of lifesaving appliances.
238. Duration of certificates.
239. Expired and cancelled certificates to be given up.
240. Extension of certificates.
241. Safety Convention certificates and admissibility in evidence.
242. Issue of certificates by one Government at request of another.
243. Forgery of certificates.
Safety Convention Ships of other Countries
244. Certificates of Convention ships of other countries.
245. Modified survey of passenger ships holding Convention certificates.
246. Modified survey of cargo ships holding Convention certificates.
247. Miscellaneous privileges of ships holding Convention certificates.
248. Further provisions as to the production of Convention certificates.
249. Interpretation of this Part.
PART XIII
Construction of Ships
250. Construction rules.
251. Ships built in Nigeria.
Lifesaving Appliances
252. Rules for lifesaving appliances.
253. Ships to be provided with lifesaving appliances.
254. Inspection of ships for purposes of rules.
Boat Drill and Fire Drill
255. Boat and fire drill.
Adjustment of
Compasses
256. Ships to have compasses adjusted.
PART XIV
Radio Rules
257 Radio rules.
Radio Surveyors
258. Appointment of Radio Surveyors.
PART XV
Safety Provisions for Miscellaneous Vessels
259. Safety rules for miscellaneous vessels.
260. Exemption of certain ships from certain provision of this Part.
SECTION
261. Survey of small fishing boats and other craft.
262. Fishing boats in certain circumstances deemed to be passenger or cargo ships.
263. Water and provisions for passengers.
264. Pilot ladders.
265. Countries to which Safety Convention applied.
PART XVI
Safety of Navigation
Prevention of Collisions
266. Collision rules.
267. Owners and masters to observe collision rules.
268. Inspection for enforcing collision rules.
269. Duties of master in case of collision.
270. Collision to be entered in official log-book.
271. Application of collision rules to foreign ships and aircraft.
272. General duty to render assistance.
Signal of Distress
273. Signals of distress.
274. Obligation to assist vessels in distress, etc.
Dangers to Navigation
275. Report of dangers to navigation.
Report of Accidents and Loss of Ship
276. Accidents to be reported to Minister.
277. Notice to be given of apprehended loss of ship.
Search for Missing Ships
278. Search for missing ships.
279. Search and rescue regulations.
PART XVII
Unseaworthy Ships
280. Penalty for sending unseaworthy ships to sea.
281. Implied obligation as to seaworthiness.
282. Power to detain unsafe Nigerian ships.
283. Liability for costs of detention and damages.
284. Security for costs may be required.
285. Detention of unsafe foreign ships.
286. Complaint of unseaworthiness, etc., by crew.
287. Liability for costs and compensation on survey pursuant to complaint by crew.
Overloading and Overcrowding in Ships exempt from Survey
SECTION
288. Rules for preventing overloading and overcrowding.
PART XVIII
Load Lines