MERCHANT SHIPPING ACT ARRANGMENT OF SECTIONS PART I

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MERCHANT SHIPPING ACTARRANGMENT OF SECTIONSPART IAdministration of the ActSECTION1. 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 IIRestriction on Trading in Nigeria5. Certificate of licence required by all ships trading in Nigeria.National Character of Ships6. 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 Ship13. Name of ship.14. Change of nature of ship.15. Minister to make rules regarding name of ship.PART IIIRegistration and Licensing of ShipsRegistries of Ships16. Registry of ships.17. Register or books.Qualificationsfor Owning Nigerian Ships18. Qualification for owning Nigerian ships.19. Obligation to register ships.

Procedure for Registraton20. 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 registration29.Restriction on deregistration of ship.Certificate of Registry30.Issue and custody of certificate of registration31.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 ships37.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 Registry43. 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 declaration51. Evidence of other foreign reisters.52. Forms of documents and instructions as to registry.53. Forgery of documents and false declarations.PART IVMortgages54. Mortgage of ship or share in ship.55. Obligation of mortgagor to disclose existing liabilities.56. Entry of discharge of mortgage.

57.58.59.60.Priority of mortgages.Powers of mortgagee.Transfer of mortgage.Transmission of interest in mortgage by death, bankruptcy, etc.61.62.63.64.Mortgages and Transfer of Nigerian Ships out of NigeriaAuthority to sell or mortgage out of Nigeria.Rules as to certificates of mortgage.Loss of certificate of sale or mortgage.Revocation of certificate of sale or mortgage.PARTVCertificate of Sale65. General rules for certificates of sales.66. Procedure where ship sold under certificate of sale granted in Nigeria.PARTVIMaritime Liens67.68.69.70.71.72.73.74.75.76.77.Source of maritime liens.Priority of maritime liens.Order of priority of maritime liens.Rights of ship builder and ship repairer.Overriding nature of maritime lien.No lien attaching to claims related to oil pollution or radio-active material.Extinguishing period for maritime liens.Interpretation of limitation period.Effects offorced sale of ship.Proceeds of sale.Certificate of sale by court.PART VIITransfers and Transmissions78. Transfer by bill of sale.79. Registry of transfer.

SECTION80. 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 VIII83.84.85.86.87.88.89.90.Certificate of Competency of Masters and CrewRegulations regarding manning and qualifications of persons serving on Nigerian ship.Power to exempt ship.Approval of foreign certificate.Tribunal of Inquiry.Tribunal may recommend cancellation, etc., of a certificate.Cancellation of certificate by the Minister.Appeals against cancellation, etc., of certificate.Offences.PART IXEmployment of Seamen91. Seafarer Services Office, NMLA No. 46 of2003.92. Functions of superintendent.Agreementfor Sea 5.Agreement with crew.Form, period and conditions of agreement.Provisions for termination.Special provisions as to agreement with crew of a sea-going ship.Special provisions as to agreement with crew of a ship other than a sea-going ship.Fees upon engagement and discharge.Changes in crew of sea-going ships to be reported.Certificate as to agreement with crew of sea-going ship.Certificate as to agreement with the crew of a ship other than a sea-going ship.Copy of agreement not to be made accessible.Forgery, etc., of agreement with crew.Alterations of agreement with crew.Seaman not to be bound to produce agreement.106.107.108.109.Agreement with Local SeamenEngagement of local seamen.Engagement between masters of foreign ships and local seamen.Penalty for breach.Inspection of foreign ships in connection with engagement of local seamen.Discharge of Seamen110. Procedure on discharge of seamen, etc.

SECTION111. Report of seaman's character.112. Fake or forged certificate of report of character.Special Provision as to Seamen Left Behind Abroad113. 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 leftbehind in foreign country.117. Repatriation of seaman on termination of service at foreign port.Distressed Seamen118. Rules as to relief and maintenance of distressed seamen.119. Provisions for relief and maintenance of distressed or shipwreckedseaman.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 ayment of WagesPayment of wages before superintendent.Master to deliver account of wages.Deductions from wages.Notice of disrating of seaman.Time of payment of wages of sea-going ships.Time of payment of wages for Nigerian ship other than a sea-going ship.Settlement of wages.Decision on wages by superintendent.Power of superintendent to require production of ship's papers.Rule as to payment of seaman in currency other than that mentionedin the agreement.Annual Leave with Pay for e entitlement.Pro-rata entitlement for periods less than one year.Unavoidable absence to be counted as part of period of service.Periods not to be counted as part of leave.Leave pay in advance.Payment in lieu ofleave.Divisibility of leave pay.Place of taking of annual leave.Agreement to relinquish right to leave null and void.Cancellation of annual leave emergency.

Advance and Allotment of WagesSECTION145.146.147.148.149.Advances restricted.Allotment notes.Allotment through savings banks.Master to give facilities.Right of suing on allotment Rights of Seamen in respect of WagesTime for payment of an allotment note.Right to wages, etc., when to begin.Right to recover wages and salvage not to be forfeited.Wages not to depend on freight.Wages on termination of service by wreck.Wages on termination of service by illness.Wages not to accrue during refusal to work or imprisonment.Forfeiture of wages, etc., of seaman when illness caused by his own default.Court's order on cost of punishment may be deducted from wages.Compensation to seaman improperly discharged.Restriction on sale of a charge upon wages.161.162.163.164.Mode of Recovering WagesSummary proceedings for wages.Savings for cases of ships other than Nigerian ships.Remedies of master for wages disbursements, etc.Powers of court in case of unreasonable delay in paying master's wages.Powers of Court to Rescind Contracts165. Power of court to rescind contract between owner or master and seaman or erty of Deceased SeamanProperty of seaman who dies during voyage.Dealing with and account of property of seaman who dies during voyage.Penalty for non-compliance with provisions as to property of the deceased seaman.Recovery of wages of seaman with owner of ship.Property of seaman dying in Nigeria.Payment over of property of deceased seaman by the superintendent.Dealing with deceased seaman's property when he leaves a will.Claims by the children.Dealing with unclaimed property of deceased seaman.Forgery of documents, etc., for the purpose of obtaining property of deceased seaman.

PART XWelfare of SeamenProvisions, Health and AccommodationSECTION176. 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.190.191.192.193.Prevention of Accident to SeamanAccidents to be reported and investigated.Superintendent to investigate serious accident.Minister to make regulations.Minister to promote training in accident prevention.Facilitiesfor making Complaints194. Facilities for making complaints.Provisions as to Discipline195. 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 XIRegistersOfficial Log-books203. 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 Returns208. 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.212.213.214.215.MiscellaneousMinister may dispense with transaction before superintendent.Deposit of documents at overseas port.Conflict of laws.Application to unregistered ships.PART XIISafety of Life at SeaGeneral Provisions216. Application of some related maritime safety Conventions and Protocols.217. Regulations.218. Breach of safety regulations.Survey of Ships219.220.221.222.223.224.225.226.Surveyors of ships.Ships to be surveyed annually.Surveyor's record of inspections and certificates.Ships not to proceed to sea without certificate of survey.Declaration of survey and partial surveys.Owner may appeal if surveyor refuses declaration.Surveyors to make returns.Recognition of certificate of survey granted in other countries.Certificates227. Issue of certificates of survey228. Issue of safety certificates to passengers ships, e.t.c229. Issue to cargo ships of safety equipment and exemption certificates230. Issue to cargo ships of radio certificates and exemption certificates231. Issue of general safety certificates, etc., on partial compliance with rules232. Transmission of certificates.233. Modification of provisions for exemption of ships234. Notice of alterations and additional surveys235. Certificate to be posted on board

SECTION236. 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.244.245.246.247.248.249.Safety Convention Ships of other CountriesCertificates of Convention ships of other countries.Modified survey of passenger ships holding Convention certificates.Modified survey of cargo ships holding Convention certificates.Miscellaneous privileges of ships holding Convention certificates.Further provisions as to the production of Convention certificates.Interpretation of this Part.PART XIIIConstruction of Ships250. Construction rules.251. Ships built in Nigeria.Lifesaving Appliances252. Rules for lifesaving appliances.253. Ships to be provided with lifesaving appliances.254. Inspection of ships for purposes of rules.Boat Drill and Fire Drill255. Boat and fire drill.Adjustment ofCompasses256. Ships to have compasses adjusted.PART XIVRadio Rules257 Radio rules.Radio Surveyors258. Appointment of Radio Surveyors.PART XVSafety Provisions for Miscellaneous Vessels259. Safety rules for miscellaneous vessels.260. Exemption of certain ships from certain provision of this Part.

SECTION261. 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 XVISafety of NavigationPrevention of Collisions266.267.268.269.270.271.272.Collision rules.Owners and masters to observe collision rules.Inspection for enforcing collision rules.Duties of master in case of collision.Collision to be entered in official log-book.Application of collision rules to foreign ships and aircraft.General duty to render assistance.Signal of Distress273. Signals of distress.274. Obligation to assist vessels in distress, etc.Dangers to Navigation275. Report of dangers to navigation.Report of Accidents and Loss of Ship276. Accidents to be reported to Minister.277. Notice to be given of apprehended loss of ship.Search for Missing Ships278. Search for missing ships.279. Search and rescue regulations.PART XVII280.281.282.283.284.285.286.287.Unseaworthy ShipsPenalty for sending unseaworthy ships to sea.Implied obligation as to seaworthiness.Power to detain unsafe Nigerian ships.Liability for costs of detention and damages.Security for costs may be required.Detention of unsafe foreign ships.Complaint of unseaworthiness, etc., by crew.Liability for costs and compensation on survey pursuant to complaint by crew.Overloading and Overcrowding in Ships exempt from SurveySECTION288. Rules for preventing overloading and overcrowding.PART XVIIILoad Lines

289. Interpretation of this Part.290. Exceptions.291. Countries to which Load Line Convention applies.292. Load Line Regulations.293 Certificates issued under the Load Line Convention.294. International and local Load Line Certificates.295. Certificates issued by other Governments.296. Certificates issued at the request of other Governments.297. Regulations as to the validity offoreign certificates.298. Power to make exemption orders.299. Further powers to exempt ships of novel design.300. Extent of exemption.30 1. Issue of exemption certificates.302. Duration and extension of exemption.303. Effect of Load Line Certificate.304. Duration, renewal and cancellation of Load Line Certificate.305. Ships not to proceed to sea without Load Line Certificate.306. Deck Cargo Regulations.307. Inspection of Nigerian load line ships.308. Notice to be given of alterations affecting position of ship's load lines.309. Submersion of load lines.310. Alteration or defacement ofload line marks.311. Ships not to proceed to sea unless complying with Load Line Regulations.312. Production of Load Line Certificates ofN igerian ships.313. Production of Load Line Certificates of foreign ships.314. Submersion ofload lines of foreign ships.315. Posting up of Load Line Certificates and entry of load line details in ship's log-book.316. Inspection of ships regarding lines.317. Contravention of Load Line Regulations and detention of ships.PART XIXCarriage of Bulk Cargoes318. Bulk Cargo Regulations.319. Precautions regarding grain cargoes.320. Offences.321. Safe containers.

PART XX322.323.324.325.326.Dangerous GoodsRegulations on dangerous goods.Carriage and marking of dangerous goods.Offences.Rejection and disposal of dangerous goods by ship.Forfeiture of dangerous goods.PART urvey.Minister to make Tonnage Regulations.Tonnage of foreign ships.Foreign and other measurements.Alteration between surveys.Appointment of surveyors.Marking of ships.PART XXIIPassenger Ships334. Power of the Minister to make regulations respecting passenger ships.335. Offences in connection with passenger ships.PART XXIIIPrevention of Pollution from Ships336. (1) Application of maritime Conventions for the Prevention of Pollution from Ships, etc.(2) Power of the Minister to prevent pollution from ships.(3) Power to make regulations for the prevention of pollution from ships.337. Further provision for prevention of pollution from ships.PART XXIV338.339.340.341.342.343.Liability in CollisionCasesInterpretation of this Part.Application of this Part.Rules as to division of loss.Damage for personal injury.Right of contribution.Limitation of actions.Damages in Collision Cases344. Application.345. Measure of damage.346. Burden of proof of loss or damage.

SECTION347. Total loss.348. Damage to vessel.349. Property on board.350. Interest.351. Currency for payment.PART XXV352.353.354.355.356.Limitation of Liability for Maritime ClaimsPersons entitled to limit liability.Claims subject to limitation.Where rule in this Part not applicable.Conduct barring limitation.Counterclaim.Limits of Liability357 General limits.358 Limit for passenger claims.359 Units of Account.360 Aggregation of claims.PART XXVIWrecks361. Interpretation of this Part.362. Application.363.364.365.366.367.368.Receiver of WreckReceiver and assistant receivers.Determination of hazard.Marking of wrecks.Duty to remove hazardous wrecks.Shipowner may contract removal.Receiver to set deadlines, etc.Fees of Receivers ofWreck369. Receiver's fee.370.371.372.373.374.Vessels in DistressDuty of Receiver where vessels in distress.Powers of the Receiver in case of vessels in distress.Power to pass over adjoining lands.Power of Receiver to suppress plunder and disorder by force.Examination in respect of ship in distress.

375.376.377.378.379.Dealing with WreckRules to be observed by persons finding wreck.Penalty for taking wreck at time of casualty.Notice of wreck to be given by Receiver.Claims of owner of wreck.Immediate sale of wreck by Receiver in certain cases.Unclaimed Wreck380. Unclaimed wreck to be sold and proceeds paid into general revenue.381. Delivery of unclaimed wreck by Receiver not prejudice title.382.383.384.385.386.Removal of WrecksRemoval of wrecks by Receiver.Breaking and removal of wrecks.Power of removal to extend to tackle, cargo, etc.Interfering with wrecked vessel.Summary procedure for concealment of wreck.PART XXVIIAssistance to and Salvage of Vessels387. Interpretation of this Part.388. Duties of owner, etc., master and salvor.38

Official Log-books . 203. Official log -books as evidence. 204. Entries requir ed 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 .

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