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The Merchant Shipping Act, 2003 Arrangement of Sections

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The Merchant Shipping Act, 2003 Arrangement of Sections THE MERCHANT SHIPPING ACT, 2003 ARRANGEMENT OF SECTIONS Section Title PART I PRELIMINARY 1. Short title and commencement 2. Interpretation. 3. Application of the Act. PART II ADMINISTRATION 4. Power of Minister to establish maritime safety and security body. 5. Power of the Minister to give directions. 6. Duties and powers of surveyors and inspectors. 7. Appointment of Registrars of Ships, Seafarers and Principal Registrar of Wrecks. 8. Minister to delegate certain powers. 9. General powers to dispense. PART III RESTRICTION ON TRADING 10. Restriction on trading in Tanzanian waters. 11. Requirement for insurance cover. PART IV REGISTRATION AND LICENCING OF SHIPS (a) Registration 12. Tanzanian ship. 13. Qualifications for owning and registering Tanzanian ships. 14. Obligations to register Tanzanian ships. 15. Refusal of registration. 16. Termination of registration. 17. Restriction on de-registration of ships. 18. Certificate of de-registration. 1 2 No. 21 Merchant Shipping 2003 (b) Procedure for Registration 19. Registrar of Ships. 20. Register. 21. Survey for measurement and identification of ships. 22. Marking of ship. 23. Application for registration. 24. Declaration of eligibility. 25. Evidence of title on first registry. 26. Entry of particulars in the registry. 27. Documents to be retained by Registrar of Ships. 28. Port of registry. 29. Certificate of registry. 30. Custody of certificate. 31. Penalty for use of improper certificate. 32. Power to grant new certificate. 33. Duplicate certificates. 34. Endorsement of change of ownership. 35. Provisional certificate for ship becoming entitled to be registered while abroad. 36. Provisional certificate of registry. 37. Temporary pass in lieu of certificate of registry. 38. Consequences of provisional registration. 39. Provisions relating to a ship registered under section 36. 40. Definition of transferee in this Part. (c) Name of Ship 41. Name of Ship. 42. Change of name of ship. 43. Identity marks for fishing vessels. 44. Offences. 45. Register books for ships under construction. (d) Registration of Alterations and Registration A new 46. Application and registration of alterations. 47. Rule for registration of alteration. 48. Registration a new on change of ownership. 49. Provisional certificate where a ship is registered a new. 50. Procedure for registration a new. 51. Restriction on re-registration of abandoned ships. No. 21 Merchant Shipping 2003 3 (e) Bareboat Charters 52. Registration of Bareboat Charters. (f) Licensing 53. Ships to be licensed. 54. Qualifications for owning a licensed Tanzanian ship. 55. Regulations regarding licensing of Ships. (g) Tonnage Measurement 56. Tonnage regulations. 57. Tonnage of ships of foreign countries adopting tonnage regulations. (h) Declaration and Forms 58. Provisions relating to infancy or other incapacity. 59. Notice of trusts, not received. 60. Definition of 'beneficial interest' and equities not excluded by Act. 61. Liability of beneficial owner. 62. Registration of ship's managing owner or manager. 63. Power of Registrar to dispense with declaration. 64. Mode of declarations. 65. Application for fees. 66. Returns to be made by the Deputy Registrar. 67. Evidence of register book and certificate of registry . 68. Documents and instruments as to registration 69. Forgery of documents. 70. False declaration. 71. Liabilities of ships not registered. 72. Fees. (i) Transfers and Transmission 73. Transfers. 74. Declaration of transfers. 75. Registration of transfers. 76. Transmission of property in ship on death, bankruptcy and marriage. 77. Order for sale on transmission to unqualified person. 78. Transfer of ship or sale by order of Court. 79. Power of Court to prohibit transfer. 4 No. 21 Merchant Shipping 2003 PART V NATIONAL, CHARACTER AND FLAG 80. National character of ship to be declared before clearance. 81. Offences relating to Tanzanian character of ship. 82. Application of sections 81 and 85. 83. Right to fly flag of Tanzania. 84. Nationality and colours. 85. National flag on foreign ship. 86. Proceedings on forfeiture of a ship. PART VI PROPRIETARY INTERESTS IN REGISTERED SHIPS (a) General 87. Rights of owners and mortgagees. (b) Mortgage 88. Mortgage of ship or share. 89. Priority of mortgages. 90. Priority of notices. 91. Authority to sell or mortgage out of Tanzania. 92. General rules for certificate of sale. 93. Procedure where ship under certificate of sale granted in Tanzania. 94. Registration in Tanzania where ship sold under certificate of sale granted in a foreign state. 95. Rules as to certificate of mortgage. 96. Loss of certificate of sale or mortgage. 97. Revocation of certificate of sale or mortgage. (c) Maritime liens 98. Maritime liens. 99. Priority of liens. 100. Order of priority of liens. 101 Rights of ship builders and ship repairers. 102. Overriding nature of maritime liens. 103. Claims arising from radioactive products. 104. Limitation period. 105. Notice of sale to be given. 106. Effect of sale on mortgages. 107. Disposition of proceeds of sale. 108 Issue of certificate that a ship is free of mortgages and liens. No. 21 Merchant Shipping 2003 5 PART VII ENGAGEMENT AND WELFARE OF SEAFARERS (a) Interpretation and application of Part III 109. Interpretation. 110. Functions of Registrar of Seafarers. 111.Contents of crew agreements. 112. Offences relating to crew agreement. 11 3. Regulations for disciplinary offences. 114. Offence of same nature. I 1 5. Procedures relating to certain crew agreements. 116. Stipulation not to be contrary to the law of flag state. 117. Seafarer's certificate of discharge. 118. Character report. 11 9. Discharge on change of ship's registry. 120. Employment of persons under the age of eighteen years. 121. Changes in crew of certain ships. 122. Change of master. 123. Regulations for conditions of services. 124. Use of English language. 125. Crew's knowledge of English. 126. Discharge of seafarers. 127. Seafarer left behind abroad otherwise than on discharge. (b) Wages 128. Payment of seafarer's wages. 129. Accounts of seafarers wages. 130. Deduction from wages. 131. Settlement of wages. 132. Registrar's decision as to wages. 133. Registrar may require ship's documents. 134. Rate of exchange. 135. Registrar may refer claims as to wages. 136. Magistrates' Court may award interest on wages. 137. Allotment notes. 138. Wages where services are terminated. 139. Protection of seafarer's rights and remedies. 140. Claims against seaferer's wages for maintenance. 14 1. Master's remedies for remuneration and disbursements. 6 No. 21 Merchant Shipping 2003 142. Wages not to depend on freight. 143. Refusal to work. 144. Illness caused by own fault. 145. Costs of procuring conviction. 146. Improper discharge. 147. Attachment or sale of wages to be invalid. 148. Leave and holidays. 149. Seafarers may sue for wages. 150. Jurisdiction of High Court in the recovery of wages. 151. Power to rescind contracts. (c) Property of Deceased Seafarer 152. Property of deceased seafarer. 153. Delivery of deceased seafarers property. 154. Forgery of documents. (d) Safety, Health and Welfare 155. Obligation of shipowners as to seaworthiness. 156. Shipowners relief from liability for unseaworthiness. 157. Regulations in respect of medical examination. 158. Crew accommodation, living and working conditions of sea farers. 159. Complaints about provisions of water. 160. Expenses of medical and other treatment during voyage. (e) Manning, Qualifications and Training 16 1. Application of sections 162 to 166. 162. Training, Manning and Certification. 163. Power to exempt from manning requirements. 164. Prohibition on going to sea undermanned. 165. Production of certificates and other documents of qualifications. 166. Crew's knowledge of English. 167. Unqualified seafarers going to sea as qualified persons. 168 Special certificates of competence. 169. Young persons. 170. Establishment, sources and management of the Fund. 171. Practical sea training. No. 21 Merchant Shipping 2003 7 (f) Qffences by Seafarers 172. Conduct endangering ship and persons. 173. Concerted disobedience and neglect of duty 174 Regulations for codes of conduct. (g) Disqualification of Seafarer and Inquiries 175. Inquiry into fitness or conduct of seafarer. 176. Disqualification of holder of certificate. 177. Inquiry into fitness or conduct of seafarer. 178. Re-hearing and appeal from inquiries. 179. Rules as to inquiries and appeals. 180. Failure to deliver cancelled or suspended certificates. 1 8 1. Power to restore certificate. 182. Power to summon witness to inquiry. 183. Refusal to give evidence to inquiry. (h) Civil Liability of Seafarer for Offences 184. Absence without leave. 185. Smuggling. 186. Fines under immigration laws. (i) Relief and repatriation and relief costs 187. Relief and return of seafarers left behind or ship wrecked. 188. Limit of employer's liability under section 187. 189. Recovery of expenses from employers incurred for relief and return. 0) Documentation 190. Official and other log books. 191. Crew list. 192. Discharge books. 8 No. 21 Merchant Shipping 2003 PART VIII PREVENTION OF COLLISIONS AND SAFETY OF NAVIGAI'ION (a) Collision Regulations, Distress and Safety 193. Collision Regulations. 194. Tanzanian ships to observe Collision Regulations. 195. Foreign ships on Tanzanian waters. 196. Collision liability. 197. Inspection to enforce compliance with Collision Regulations. 198. Duty to render assistance following collision. 199. Offences against Part VIII. 200. Master to notify hazards to Navigation. 201. Master
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