This Act was repealed on 2004-06-23 by Merchant Shipping Act, 2003.
Merchant Shipping Act
Tanzania
Merchant Shipping Act
Chapter 165
- Published in Tanzania Government Gazette
- Commenced on 1 December 1967
- [This is the version of this document at 31 July 2002.]
- [Note: This legislation was revised and consolidated as at 31 July 2002 and 30 November 2019 by the Attorney General's Office, in compliance with the Laws Revision Act No. 7 of 1994, the Revised Laws and Annual Revision Act (Chapter 356 (R.L.)), and the Interpretation of Laws and General Clauses Act No. 30 of 1972. All subsequent amendments have been researched and applied by Laws.Africa for TANZLII.]
- [Repealed by Merchant Shipping Act, 2003 (Act 21 of 2003) on 23 June 2004]
Part I – Preliminary provisions (ss. 1-2)
1. Short title
This Act may be cited as the Merchant Shipping Act.2. Interpretation and application
Part II – Registering and licensing (ss. 3-77)
Registering ships (ss. 3-6)
3. Qualification for owning Tanzanian ships and compulsory registration of ships so owned
4. Unregistered ships unless exempt from registration not recognised as Tanzanian ships
5. Exemption from registry
The Minister may, by notice published in the Gazette, exempt certain classes of ships, not exceeding one hundred and twenty five tons register, to be designated by him, from registry under this Act.6. Registrars of Tanzanian ships
The Minister may, by notice published in the Gazette—Procedure for Tanzanian registry (ss. 7-15)
7. Register Book
Every Registrar shall keep a book to be called the Register Book and entries in that book shall be made in accordance with the following provisions—8. Survey and measurement of ship
Every ship shall, before registry in the United Republic, be surveyed by a surveyor and her tonnage ascertained in accordance with the tonnage regulations of this Act and the surveyor shall grant his certificate specifying the ship's tonnage and build and such other particulars descriptive of the identity of the ship, as may for the time being be required by the Minister, and such certificate shall be delivered to the Registrar for registry.9. Marking of ship
10. Application for registry
An application for registry of a ship shall be made in the case of individuals by the person requiring to be registered as owner, or by his or their agent, and in the case of corporations by their agent; and the authority of the agent shall be testified by writing, if appointed by a corporation, under the common seal of the corporation.11. Declaration of ownership on registry
A person shall not be entitled to be registered as owner of a share therein until he or, in the case of a corporation, a person authorised on behalf of the corporation, has made and signed a declaration of ownership referring to the ship as described in the certificate of the surveyor and containing the following particulars—12. Evidence on first registry
13. Entry of particulars in Register Book
As soon as the requirements of this Act preliminary to Registry have been complied with, the registrar shall enter into the Register Book the following particulars respecting the ship—14. Documents to be retained by Registrar
On the registry of a ship the Registrar shall retain in his possession the surveyor's certificate, the builder's certificate, any bill of sale of the ship previously made, the copy of the condemnation, if any, and all declarations of ownership.15. Port of registry
The port at which a ship is registered for the time being shall be deemed her port of registry and the port to which she belongs.Certificate of registry (ss. 16-24)
16. Certificate of registry
On completion of the registry of a ship, the Registrar shall grant a certificate of registry comprising the particulars respecting her entry in the Register Book together with the name of her master.17. Use of certificate
The certificate of registry shall be used only for the lawful navigation of the ship, and shall not be subject to detention by reason of any title, lien, charge, or interest whatever, had or claimed by any owner, mortgagee, or other person to, on or in the ship.18. Penalty for use of improper certificate
If the master or owner of a ship uses or attempts to use for her navigation a certificate of registry not legally granted in respect of the ship, he commits an offence under this Act, and on his conviction the ship shall be subject to forfeiture under this Act.19. Provision for loss of certificate
20. Endorsement of change of master on certificate
Whenever the master of a Tanzanian ship is changed, a memorandum of that change shall be endorsed on the certificate of registry—21. Endorsement of change of ownership on certificate
22. Delivery up of certificate of ship lost or ceasing to be a Tanzanian ship
23. Provisional certificate for ships becoming Tanzanian ships
24. Temporary passes in lieu of certificates of registry
Where it appears to the Minister that by reason of special circumstances it would be desirable that permission should be granted to any ship to pass without being previously registered from any port in the United Republic to any port outside the United Republic, the Minister may grant a pass accordingly, and that pass for the time and within the limits therein mentioned shall have the same effect as a certificate of registry.Transfers and transmissions (ss. 25-32)
25. Transfer of ships or shares
26. Declaration of transfer
Where a registered ship or a share therein is transferred, the transferee shall not be entitled to be registered as owner thereof until he or, in the case of a corporation, the person authorised to make declarations on behalf of the corporation, has made and signed a declaration (in this Act called a declaration of transfer) referring to the ship and containing–27. Registry of transfer
28. Registered ship or share not to be transferred to unqualified person
A registered ship or share therein shall not be disposed of to a person not qualified to own a Tanzanian ship except with the consent in writing of the Minister.29. Transfer of property in ship on death, bankruptcy, marriage, etc.
30. Order for sale on transmission to unqualified persons
31. Transfer of ship or share by order of court
Where any court, whether under section 30 or otherwise, orders the sale of any ship or share therein, the order of the court shall contain a declaration of vesting in some person named by the court the right to transfer that ship or share, and that person shall thereupon be entitled to transfer the ship or share in the same manner and to the same extent as if he were the registered owner thereof; and every Registrar shall obey the requisition of the person so named in respect of any such transfer to the same extent as if such person were the registered owner.32. Power of court to prohibit transfer
The court may, if it thinks fit without prejudice to the exercise of any power of the court, on the application of any interested person make an order prohibiting for a time specified any dealing with a ship or any share therein, and the court may make the order on any terms or conditions the court thinks just, or may refuse to make the order, or may discharge the order when made with or without costs, and generally may act in the case as the justice of the case requires, and every Registrar without being made a party to the proceedings shall, on being served with an order or an official copy thereof, obey the same.Mortgages (ss. 33-40)
33. Mortgage of ship or share
34. Entry of discharge of mortgage
Where a registered mortgage is discharged, the Registrar shall, on the production of the mortgage deed with a receipt for the mortgage money endorsed thereon duly signed and attested, make an entry in the Register Book to the effect that the mortgage has been discharged, and on the entry being made, the estate, if any, that passed to the mortgage shall vest in the person in whom, having regard to intervening acts and circumstances if any it would have vested if the mortgage had not been made.35. Priority of mortgages
Where there are more mortgages than one registered in respect of the same ship or share, the mortgages shall, notwithstanding any express, implied or constructive notice, be entitled in priority one over the other, according to the date at which each mortgage is recorded in the Register Book, and not according to the date of each mortgage itself.36. Mortgagee not treated as owner
Except as far as may be necessary for making a mortgaged ship or share available as a security for the mortgage debt, the mortgagee shall not by reason of the mortgage be deemed the owner of the ship or share, nor shall the mortgagor be deemed to have ceased to be owner thereof.37. Mortgagee to have power of sale
Every registered mortgagee shall have power absolutely to dispose of the ship or share in respect of which he is registered, and to give effectual receipts for the purchase money; but, where there are more persons than one registered as mortgagees of the same ship or share, a subsequent mortgagee shall not, except pursuant to an order of the court, sell the ship or share without the concurrence of every prior mortgagee.38. Mortgage not affected by bankruptcy
A registered mortgage of a ship or share shall not be affected by any act of bankruptcy committed by the mortgagor after the date of the record of the mortgage, notwithstanding that the mortgagor at the commencement of his bankruptcy had the ship or share in his possession, order or disposition or was reputed owner thereof; and the mortgage shall be preferred to any right, claim or interest therein of the other creditors of the bankrupt, or any trustee or assignee on their behalf.39. Transfer of mortgages
A registered mortgage of a ship or share may be transferred to any person, and the instrument effecting the transfer shall be in a form approved by the Minister, or as near thereto as circumstances permit, and on the production of such instrument, the Registrar shall record it by entering in the Register Book the name of the transferee as mortgagee of the ship or share, and shall by memorandum under his hand notify on the instrument of transfer that it has been recorded by him, stating the date and hour of the record.40. Transmission of interest of mortgagee on marriage, death or bankruptcy
Certificates of mortgage and sale (ss. 41-44)
41. Powers of mortgage and sale may be conferred by certificate
42. Rules as to certificates of mortgage
The following rules shall be observed as to certificates of mortgage—43. Rules as to certificates of sale
The following rules shall be observed as to certificates of sale—44. Revocation of certificates of mortgage and sale
Name of ship (s. 45)
45. Rules as to ships' names
Registry of alterations, registry anew and transfer of registry (ss. 46-52)
46. Registry of alterations
Where a registered ship is so altered as not to correspond with the particulars relating to her tonnage or description contained in the Register Book, then, if the alteration is made at any port having a register, that Registrar or, if it is made elsewhere, the Registrar of the first port having a register at which the ship arrives after the alteration, shall, on application being made to him and on receipt of a certificate from the proper surveyor stating the particulars of the alteration, either cause the alteration to be registered or direct that the ship be registered anew.47. Alterations noted on certificate of registry
48. Provisional certificate and endorsement where a ship is to be registered anew
49. Registry anew on change of ownership
Where the ownership of any ship is changed, the Registrar of the port at which the ship is registered may on the application of the owners of the ship register the ship anew, although registration anew is not required under this Act.50. Procedure for a new registry
51. Transfer of registry
52. Wrecked ships may be registered
Incapacitated persons (s. 53)
53. Provisions for cases of infancy or other incapacity
Where by reason of infancy, lunacy or any other cause any person interested in any ship or any share therein is incapable of making any declaration or doing anything required or permitted by this Act to be made or done in connection with the registry of the ship or share, the guardian or manager, if any, of that person or, if there is none, any person appointed on application made on behalf of the incapable person or of any other person interested, by any court or judge having jurisdiction in respect of the property of the incapable person, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such act or thing in the name and on behalf of the incapable person, and all acts done by the substitute shall be as effectual as if done by the person for whom he has substituted.Trusts and equitable rights (ss. 54-55)
54. Notice of trusts not received
No notice of any trust, express, implied or constructive, shall be entered in the Register Book or be receivable by the Registrar; and subject to any other person, the registered owner of a ship or a share therein shall have power absolutely to dispose in the manner in this Act provided of the ship or share, and to give effectual receipts for any money paid or advanced by way of consideration.55. Equities not excluded by Act
The expression "beneficial interest" where used in this Part includes interests arising under contract and other equitable interests, and the intention of this Act is that, without prejudice to the provisions of this Act for preventing notice of trusts from being entered in the Register Book or received by the Registrar, and without prejudice to the powers of disposition and of giving receipts conferred by this Act on registered owners and mortgagees, and without prejudice to the provisions of this Act relating to the exclusion of unqualified persons from the ownership of Tanzanian ships, interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of ships in respect of their interest therein, in the same manner as in respect of any other movable property.Liability of beneficial owner (s. 56)
56. Liability of owner
Where any person is beneficially interested otherwise than by way of mortgage in any ship or share in a ship registered in the name of some other person as owner, the person so interested, as well as the registered owner, shall be subject to all penalties imposed by this or any other Act in respect of any offence under this Act on the owners of ships or shares therein, and proceedings may be taken for the enforcement of any such penalties against both the person holding any such interest and the registered owner or either of them jointly, or jointly and severally:Provided that such person shall not be liable to any penalty if he is able to show that the offence in question was committed without his knowledge and consent.Managing owner (s. 57)
57. Ship's managing owner or manager to be registered
Declarations, inspection of register and fees (ss. 58-60)
58. Power of registrar to dispense with declarations and other evidence
Where under this Part any person is required to make a declaration on behalf of himself or of any corporation, or any evidence is required to be produced to the registrar and it is shown to the satisfaction of the registrar that for any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the registrar may, with the approval of the Minister and on the production of such other evidence and subject to such terms as he may think of it, dispense with the declaration or evidence.59. Inspection of register and documents admissible in evidence
60. Fees
The Minister may prescribe a tariff of fees for the registration, change of name, transfer, transmission, mortgage, survey, and inspection of registers of Tanzanian ships.Forms (ss. 61-62)
61. Forms and documents
62. Instructions to registrars
The Minister may also, for carrying into effect this Part, give such instructions to registrars as to the manner of making entries in the Register Book, the execution and attestation of powers of attorney, any evidence required for identifying any person, or the reference to him of any question involving doubt or difficulty and generally as to any act or thing to be done in pursuance of this Part as he thinks fit.Forgery and false declarations (s. 63)
63. Forgery of documents
Every person who forges or fraudulently alters or assists in forging or fraudulently altering, or procures to be forged or fraudulently altered any Register Book, builder's certificate, surveyor's certificate, certificate of registry, declaration, bill of sale, instrument of mortgage or a certificate of mortgage or sale under this Part, or any entry or endorsement required by the this Part to be made, in or on any of those documents, commits an offence against this Act and is liable on conviction to imprisonment for a term not exceeding seven years.False declarations (s. 64)
64. False declarations
National character and flag (ss. 65-67)
65. National character and flag of ship to be declared before clearance
66. National colours
67. Penalty
Forfeiture of ship (s. 68)
68. Proceedings on forfeiture of ship
Measurement of ship and tonnage (ss. 69-75)
69. Rules for ascertaining tonnage
70. Allowance for engine-room space in steamships
71. Additional allowances
72. Measurement of ships with double bottoms
In the case of a ship constructed with a double bottom for water ballast, if the space between the inner and outer plating thereof is certified by a surveyor to be not available for the carriage of charge, stores or fuel then the depth required by the tonnage regulations relating to the measurement of transverse areas shall be taken to be the upper side of the inner plating of the double bottom, and that upper side shall for the purposes of measurement be deemed to represent the floor timber referred to in the Regulations.73. Tonnage once ascertained to be tonnage of ship
Whenever the tonnage of any ship has been ascertained and registered in accordance with the tonnage regulations of this Act, the tonnage shall be deemed to be the tonnage of the ship and shall be repeated in every subsequent registry unless any alteration is made in the form or capacity of the ship or unless it is discovered that the tonnage of the ship has been erroneously computed and in either of those cases the ship shall be re-measured and her tonnage determined and registered according to the tonnage regulations.74. Tonnage of ships of foreign countries adopting tonnage regulations
75. Surveyors for measurement of ships
The Minister may appoint—Licensing of unregistered vessels (ss. 76-77)
76. Licences for certain unregistered ships
77. Provisions as to licences
Part III – Masters, officers, seamen and apprentices (ss. 78-187)
Certificates of competency to be held by ships' officers (ss. 78-83)
78. Manning of ships and competence of seamen
79. Power to exempt from manning requirements
80. Prohibition of going to sea undermanned
Subject to section 79 of this Act, if a ship to which this section applies goes to sea or attempts to go to sea without carrying such officers and other seamen as it may be required to carry in accordance with regulations made under section 78 of this Act, the owner or master shall be liable on summary conviction to a fine not exceeding two thousand shillings and the ship, if in the United Republic, may be detained.81. Unqualified persons going to sea as qualified officers or seamen
82. Production of certificates and other documents of qualification
83. Application of sections 78, 79, 80, 81 and 82
Sections 78, 79, 80, 81 and 82 of this Act shall apply to every ship registered in the United Republic and to any ship registered elsewhere which carries passengers—Shipping masters (ss. 84-87)
84. Appointment of shipping masters
The Minister may appoint any person to be a shipping master at any port in the United Republic and may also appoint deputy shipping masters.[s. 82]85. Business of the shipping master
86. List of deserters
A shipping master shall keep at his office a list of the seamen who, to the best of his knowledge and belief, have deserted or failed to join their ships after signing an agreement to proceed to sea in them, and shall on request show the list to a master of a ship and shall not be liable in respect of any entry made in good faith in the list.[s. 84]87. Fees
The Minister shall establish a scale of fees payable for the defined services performed by shipping masters.[s. 85]Apprenticeship to the sea service (ss. 88-89)
88. Execution of contracts and indentures
89. Records at office of shipping master
Engagement of seamen (ss. 90-93)
90. Agreement with crew
The master of every ship of more than one hundred and twenty five tons register tonnage shall enter into an agreement (in this Act called the agreement with the crew) in accordance with this Act with every seaman whom he engages in the United Republic and carries to sea as one of his crew.[s. 88]91. Particulars of agreement with crew
92. Agreements with crew of foreign-going ship
The following provisions shall have effect with respect to the agreements with the crew made in the United Republic in the case of foreign-going ships registered either within or without the United Republic—93. Crew lists for small vessels
Certificates from shipping master (ss. 94-97)
94. Changes in crew
The master of every foreign-going ship whose crew has been engaged before a shipping master shall, before finally leaving the United Republic, sign and send to the nearest shipping master a full and accurate statement in a form approved by the Minister of every change which takes place in his crew before finally leaving the United Republic, and that statement shall be admissible in evidence in the manner provided by this Act.[s. 92]95. Certificate as to agreement with crew
96. Display of and alterations to agreement with crew
97. Engagement of seamen outside the United Republic
Where the master of a Tanzanian ship engages a seaman at a port out of the United Republic in which there is a consular officer, the provisions of this Act respecting agreements with the crew made in the United Republic shall apply, subject to the following modifications—Employment of children and young persons as seamen (s. 98)
98. Employment of children and young persons on board ship
Certification of seamen (s. 99)
99. Certification of seamen
Discharge of seamen (ss. 100-102)
100. Discharge before shipping master
When a seaman serving in a foreign-going ship or in a coasting ship of over one hundred and twenty five tons register tonnage, whether registered within or without the United Republic, is on the termination of his engagement discharged in the United Republic, he shall, whether the agreement with the crew is an agreement for the voyage or a running agreement, be discharged in the presence of a shipping master.[s. 98]101. Certificate of discharge
102. Report of seaman's character
Payment of wages (ss. 103-108)
103. Time and manner of payment
104. Master to deliver account of wages
105. Deductions
106. Decision as to wages by shipping master
107. Shipping master may require ship's papers
In any proceeding under this Act before a shipping master relating to the wages, claims or discharge of a seaman, the shipping master may require the owner or his agent or the master or any mate or other member of the crew to produce any log-books, papers or other documents in his possession relating to a matter in question in the proceeding and may require the attendance of and examine any of those persons, being then at or near the place, on the matter and may administer oaths.[s. 105]108. Rates of exchange
Where a seaman has agreed with the master of a Tanzanian ship for payment of his wages in Tanzanian currency or any other currency, any payment of or on account of his wages if made in any other currency than that stated in the agreement shall, notwithstanding anything in the agreement, be made at the rate of exchange for the currency stated in the agreement for the time being current at the place where the payment is made and such rate of exchange shall be endorsed on the agreement by the consular officer at that place.[s. 106]Advance allotment of wages (ss. 109-112)
109. Advance notes restricted
110. Allotment notes
111. Master to give facilities to seamen for remitting wages
Where the balance of wages due to a seaman is more than two hundred shillings and the seaman expresses to the master of the ship his desire to have facilities afforded to him for remitting all or any part of the balance to a savings bank or to a near relative in whose favour an allotment note may be made, the master shall give to the seaman all reasonable facilities for so doing, so far as regards so much of the balance as is in excess of two hundred shillings, but shall be under no obligation to give those facilities while the ship is in port if the sum will become payable before the ship leaves port or otherwise than conditionally on the seaman going to sea in the ship.[s. 109]112. Right of suit on allotment notes
Rights of seamen in respect of wages (ss. 113-121)
113. Right to wages, etc., when to begin
A seaman's right to wages and provisions shall be taken to begin either at the time at which he commences work or at the time specified in the agreement for his commencement of work or presence on board, whichever first happens.[s. 111]114. Right to recover wages and salvage not to be forfeited
115. Wages not to depend on freight
116. Wages when termination of service by reason of unfitness or loss of ship
117. No wages for refusal to work
A seaman or apprentice shall not be entitled to wages for any time during which he unlawfully refuses or neglects to work when required, whether before or after the time fixed by the agreement for his commencement of such work, nor unless the court hearing the case otherwise directs for any period during which he is lawfully imprisoned for any offence committed by him.[s. 115]118. Forfeiture if illness caused by default
119. Costs of procuring conviction deducted
Whenever in any proceeding relating to seamen's wages it is shown that a seaman or apprentice has, in the course of the voyage, been convicted of an offence by a competent tribunal and rightfully punished for that offence by imprisonment or otherwise, the court hearing the case may direct any part of the wages due to the seaman not exceeding one month's wages to be applied in reimbursing any costs properly incurred by the master in procuring the conviction and punishment.[s. 117]120. Compensation where improperly discharged
Where a seaman who has signed an agreement is discharged otherwise than in accordance with the terms thereof before the commencement of the voyage or before one month's wages are earned without fault on his part justifying that discharge was without his consent, he shall be entitled to receive from the master or owner, in addition to any wages he may have earned, due compensation for the damage caused to him by the discharge not exceeding one month's wages and may recover that compensation as if it were wages duly earned.[s. 118]121. Attachment or sale of wages to be invalid
Mode of recovering wages (ss. 122-124)
122. Seaman may sue for wages before magistrate
123. Restriction on suits for wages before High Court
The High Court shall not have jurisdiction to hear or determine any action, suit or proceeding instituted by or on behalf of any seaman or apprentice for the recovery of wages, except in the following cases—124. Master's remedy for wages
Power of court to rescind contracts (s. 125)
125. Power of court to rescind contracts
Where a proceeding is instituted in or before any court in relation to any dispute between an owner or master of a Tanzanian ship and a seaman or apprentice arising out of or incidental to their relation as such, or is instituted for the purpose of this section, the court if, having regard to all the circumstances of the case, it thinks just to do so, may rescind any contract between the owner or master and the seaman or apprentice, or any contract or indentures of apprenticeship, upon such terms as the court may think just, and this power shall be in addition to any other jurisdiction that the court can exercise independently of this section.[s. 123]Property of deceased seaman (ss. 126-132)
126. Property of deceased seaman
127. Delivery of property to shipping master
128. Master accountable to the Minister
129. Recovery of wages of seamen lost with ship
130. Delivery of property of seamen dying in the United Republic
If a seaman or an apprentice belonging to a Tanzanian ship dies in the United Republic, and is at the time of his death entitled to claim from the master or owner of the ship any effects or unpaid wages, the master or owner shall pay and deliver or account for the property to the shipping master.[s. 128]131. Disposition of property by the Minister
132. Forgery of documents to obtain property of deceased seaman
Every person who for the purpose of obtaining, either for himself or for any other person, any property of any deceased seaman or apprentice—Provisions, health and accommodation (ss. 133-142)
133. Complaints as to provisions or water
134. Allowance for short or bad provisions
In either of the following cases, that is to say—135. Weights and measures on board
136. Regulations in respect of medical examination, etc.
The Minister may, subject to the provisions of this Act, make such regulations as may appear to him to be necessary in respect of the following matters, namely—137. Regulations respecting crew accommodation
The Minister may make regulations respecting the crew accommodation to be provided in Tanzanian ships and, without prejudice to the generality of the foregoing, may in particular make regulations—138. Steamships to carry certificated cooks
139. Regulations respecting scales of medicines
140. Inspection of medical stores and facilities
141. Expenses of medical attendance in cases of injury or illness
142. Carriage of medical practitioners
Facilities for making complaints (s. 143)
143. Facilities for making complaints
Protection of seamen from imposition (ss. 144-145)
144. Assignment or sale of salvage invalid
Subject to the provisions of this Act, an assignment or sale of salvage payable to a seaman or apprentice made prior to the accruing thereof shall not bind the person making the same, and a power of attorney or authority for the receipt of any such salvage shall not be irrevocable.[s. 142]145. Seaman's debts
A debt exceeding in amount twenty shillings incurred by any seaman or apprentice after he is engaged to serve shall not be recoverable until the service agreed for is concluded.[s. 143]Provisions as to discipline (ss. 146-159)
146. Misconduct endangering life or ship
If a master, seaman or apprentice belonging to a Tanzanian ship by wilful breach of duty or by neglect of duty or by reason of drunkenness—147. General offences against discipline
148. Conviction not to affect other remedies
Nothing in section 147 or in the sections relating to the offences of desertion or absence without leave shall take away or limit any remedy by action or otherwise that an owner or master would, but for these provisions, have for any breach of contract in respect of matters constituting an offence under those sections, but an owner or master shall not be compensated more than once in respect of the same damage.[s. 146]149. Desertion and absence without leave
If a seaman lawfully engaged or an apprentice belonging to a Tanzanian ship commits any of the following offences, he shall, on conviction therefor, be liable to be punished as follows—150. Improper negotiation of advance note
Where a seaman belonging to a Tanzanian ship who has been lawfully engaged and has received under his agreement an advance note, after negotiating his advance note wilfully or through misconduct fails to join his ship or deserts therefrom before the note becomes payable, commits an offence and shall on conviction be liable to a fine or at the discretion of the court to imprisonment for a term not exceeding twelve weeks; but nothing in this section shall take away or limit any remedy, by suit or otherwise, which any person would otherwise have in respect of the negotiation of the advance note or which an owner or master would otherwise have for breach of contract.[s. 148]151. Withholding of certificate of discharge
Where it is shown to the satisfaction of the shipping master that a seaman belonging to a Tanzanian ship and lawfully engaged has wilfully or through misconduct failed to join his ship, the shipping master shall report the matter to the Minister, and the Minister may direct that the seaman's certificate of discharge shall be withheld for such period as he may think fit, and while the seaman's certificate of discharge is so withheld, the shipping master and any other person having the custody of the necessary documents may, notwithstanding anything in this or any other Act, refuse to furnish copies of any of his certificates of discharge or certified extracts of any particulars of service or character.[s. 149]152. False statement as to last ship or name
If a seaman on or before being engaged, wilfully and fraudulently makes a false statement of the name of his last ship or alleged last ship or wilfully and fraudulently makes a false statement of his own name, he commits an offence under this Act.[s. 150]153. Arrangements as to deserters from foreign ships
154. Entry of offences in official log-book
If on or in respect of a Tanzanian ship any offence within the meaning of this Act, of desertion or absence without leave or against discipline, is committed or if any act of misconduct is committed for which the offender's agreement imposes a fine and it is intended to enforce the fine, then–155. Proof of desertion in proceedings for forfeiture of wages
156. Application of forfeitures
157. Questions of forfeiture decided in suits for wages
Any question concerning the forfeiture of, or deductions from the wages of a seaman or apprentice under this Act may be determined in any proceeding lawfully instituted with respect to those wages notwithstanding that the offence in respect of which the question arises, though by this Act made punishable by imprisonment as well as forfeiture, has not been made the subject of any criminal proceedings.[s. 155]158. Deduction of fine from wages
A fine imposed on a seaman for any act of misconduct for which his agreement imposes the fine shall be deducted as follows–159. Enticing to desert and harbouring deserters
Official log-books (ss. 160-164)
160. Official log-books
161. Entries in official log-book
The master of a ship for which an official log-book is required shall enter or cause to be entered in the official log-book the following matters—162. Delivery of official log-book to shipping master
163. Disposition of official log-book on transfer of ownership, etc
164. Penalty for improperly kept official log-book
Returns and delivery of documents (ss. 165-169)
165. Lists of crew and particulars
166. Transfer of ownership or change of employment of ship
167. Delivery of ship's documents by master to consular officer or shipping master
168. Documents to be handed over on change of master
Where during the progress of a voyage the master of any Tanzanian ship is removed or superseded or for any other reason quits the ship and is succeeded in the command by some other person, he shall deliver to his successor the certificate of registry and the various documents relating to the navigation of the ship and to the crew thereof which are in his custody, and his successor shall immediately on assuming the command of the ship enter in the official log-book a list of the documents so delivered to him.[s. 166]169. Returns relating to births and deaths
Conflict of laws (s. 170)
170. Law of port of registry governs in the event of failure of this Act
Where in any matter relating to a ship or to a person belonging to a ship there appears to be a conflict of laws, then if there is in this Act any provision on the subject that is hereby expressly made to extend to that ship or person, the case shall be governed by that provision, but if there is no such provision, the case shall be governed by the law of the port at which the ship is registered.[s. 168]Relief and repatriation of distressed seamen and seamen left behind abroad (ss. 171-187)
171. Owner to be responsible for repatriating seamen left behind out of the United Republic
172. Dealing with wages and effects of a seaman who is left behind out of the United Republic
173. Sanction required for discharge of seamen out of the United Republic
174. Certificate of discharge abroad
Where the master of a Tanzanian ship discharges a seaman at any place out of the United Republic, he shall give to that seaman a certificate of discharge in a form approved by the Minister under subsection (1) of section 101 of this Act.[s. 172]175. Repatriation of seamen on termination of service at foreign port
176. Discharge of seamen on change of ownership of ship at a foreign port
177. Certificate required where a seaman is left behind in a foreign port
178. Account of wages in case of seaman left behind on ground of unfitness or inability to proceed to sea
179. Payment of wages of seamen left behind on ground of unfitness or inability to proceed to sea
180. Application of payments on account of wages of seamen left behind
Where the amount of wages due to a seaman left behind on the ground of his unfitness or inability to proceed to sea, is so paid to and accepted by a shipping master or consular officer, that officer shall accept them upon condition that he deal with them in the following manner—181. Relief of distressed seamen
182. Repayment of expenses of relief and repatriation
183. Forcing ashore
A person belonging to a Tanzanian ship shall not wrongfully force a seaman on shore and leave him behind or otherwise cause a seaman to be wrongfully left behind at any place, and if he does so, he commits an offence under this Act.[s. 181]184. Proper return port
For the purposes of this Part, either the port at which the seaman was shipped or a port in the country to which he belonged or some other port agreed to by the seaman in the case of a discharged seaman at the time of his discharge shall be deemed to be a proper return port, but in the case of a seaman shipped in the United Republic the return port shall be the same in which he was shipped unless otherwise agreed to by him as aforesaid.[s. 182]185. Provision for return of seamen
186. Decision of question as to return of seamen
When any question arises as to what return port a seaman is to be sent to in any case or as to the route by which he should be sent, that question shall be decided by the shipping master or consular officer, and in deciding any question under this provision, the shipping master or consular officer shall have regard both to the convenience of the seaman and to the expense involved and also, where that is the case, to the fact that a ship which is in want of men to make up its complement is about to proceed to a proper return port or to a port in the vicinity thereof; but nothing in this section shall relieve the owner from the obligation and expense of returning the seaman to his proper return port.[s. 184]187. Assistance to distressed seamen
Part IV – Passenger ships (ss. 188-190)
188. Regulations by Minister as to passenger ships
The Minister may make regulations—189. Offences in connection with passenger ships
190. Tickets to be issued for passages
Part V – Safety (ss. 191-240)
Surveyors (ss. 191-193)
191. Appointment of surveyors
192. Surveyor's rights of inspection
193. Record of inspections and certificates
A surveyor shall keep a record of the inspections he makes and certificates he issues in such form and with such particulars respecting them as the Minister may direct, and shall furnish copies thereof and any other information pertaining to the duties of his office which the Minister may require.[s. 191]Application of safety and load line conventions (ss. 194-196)
194. Definitions
In this Part—"international voyage" means a voyage from a port in one country to a port in another country;"Load Line Convention" means the International Convention respecting load lines of 1960 together with any amendment thereto which the Minister may, by order in the Gazette, declare to be in effect;"Load Line Rules" means the rules made by the Minister to give effect to the Load Line Convention;"Safety Convention" means the International Convention for the Safety of Life at Sea, 1960, together with the revisions or substitutions as the Minister may, by order in the Gazette, declare to be in effect; "Safety Convention passenger steamship" shall be construed accordingly;"Safety Convention Certificate" means a certificate that is required to be issued to a Safety Convention ship that complies with relevant provisions of the Safety Convention and includes a safety certificate, safety construction certificate, safety equipment certificate, safety radio-telegraphy certificate and any such certificate that is limited, modified or restricted by an exemption certificate;"short international voyage" means an international voyage—(a)in the course of which a ship is not more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety; and(b)does not exceed six hundred nautical miles in length between the last port of call in the country where the voyage begins and the final destination,no account being taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer, if any, of the ship could reasonably have prevented or forestalled.[s. 192]195. Regulations to give effect to the Safety Convention and Load Line Convention
The Minister may, subject to this Act, make such regulations as may appear to him to be necessary to give effect to the provisions of the Safety Convention and the Load Line Convention; and such regulations shall not contain any provisions which conflict with any of the provisions of the Conventions.[s. 193]196. Countries to which Safety or Load Line Conventions apply
The Minister, if satisfied—Inspection for safety (ss. 197-198)
197. Initial and subsequent surveys of ships
198. Surveyor's report to Minister
A surveyor, if satisfied on inspection that he can with propriety do so, shall forward a report to the Minister which shall contain a statement showing—Safety regulations (s. 199)
199. Safety Regulations by Minister
The Minister may make regulations respecting—Issue of certificates (ss. 200-204)
200. Issue of certificates to passenger and cargo ships
201. Local safety certificates
The Minister may make regulations prescribing safety requirements and providing for the issue of local safety certificates in respect of—202. Posting of certificates
203. Issue of certificates by other governments
The Minister may request the government of a country to which the Safety Convention applies to issue in respect of any Tanzanian ship any certificate provided for by the Safety Convention; and the certificate issued in pursuance of such a request and containing a statement that it has been so issued shall have effect for the purposes of this Act as if it had been issued thereunder.[s. 201]204. Issue of certificates to ships that are not Tanzanian ships
Proceeding to sea (ss. 205-206)
205. Production of certificate
206. International voyages from the United Republic by ships to which Safety Convention does not apply
No passenger ship that is registered in a country to which the Safety Convention does not apply, and no cargo ship of five hundred tons gross tonnage or more that is so registered, shall proceed or attempt to proceed to sea on an international voyage from a port or place in the United Republic until the ship has complied with the provisions of this Act respecting safety that apply to ships that are Tanzanian ships; but the Minister may authorise the clearance of any ship to which this section applies if he is satisfied that—General safety precautions and responsibilities (ss. 207-210)
207. Crew to be sufficient and efficient
Every Tanzanian ship shall be manned with a crew sufficient and efficient from the point of view of safety of life for the purpose of the intended voyage, and shall during the voyage be kept so manned.[s. 205]208. Obligation to notify of hazards to navigation
209. Signals of distress
210. Obligation to assist vessels in distress
Prevention of collisions (ss. 211-215)
211. Method of giving helm orders
No person in any Tanzanian ship shall when the ship is going ahead give a helm or steering order containing the word "starboard" or "right" unless he intends that the head of the ship shall move to the right; or give a helm or steering order containing the word "port" or "left" unless he intends that the head of the ship shall move to the left.[s. 209]212. Observance of collision regulations
213. Duty of vessel to assist the other in case of collision
214. Collisions to be entered in official log-book
In every case of collisions the master of every ship shall, immediately after the occurrence, cause a statement thereof and of the circumstances under which the collision occurred to be entered in the official log-book and the entry shall be signed by the master and also by an officer or one of the crew.[s. 212]215. Report to Minister of accidents to Tanzanian ships
Where a Tanzanian ship has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or her efficiency either in her hull or in any part of her machinery, the owner or master shall, as soon after the happening of the accident or damage as possible transmit to the Minister by letter signed by the owner or master a report of the accident or damage and of the probable occasion thereof stating the name of the ship, her official number if any, the port to which she belongs and the place where she is.[s. 213]Load lines and loading (ss. 216-226)
216. Application
217. Load Line Rules
The Minister may make such rules (hereinafter in this Act referred to as the "Load Line Rules") as appear necessary for the purpose of giving effect to the Load Line Convention, and the rules may prescribe load line requirements and provide for the issue of local load line certificates in respect of ships to which the Load Line Convention does not apply.[s. 215]218. Marking of deck line and load lines
219. Submersion of load lines
220. Alteration or defacement of marks
If—221. Issue of load line certificates and effect
222. Certificates may be issued by corporation or society for the survey of shipping
The Minister may authorise, subject to such conditions as he may deem fit, any corporation or society for the survey and classification of shipping approved by the Minister to survey ships in respect of load lines, to assign load lines to ships and to issue Load Line certificates and any certificate so issued shall have effect in place of the certificate provided for under section 221.[s. 220]223. Duration, renewal and cancellation of certificates
224. Ships not to proceed to sea without certificates
225. Publication of load line certificate
226. Insertion of particulars as to load line in agreement with crew
Special provisions as to Load Line Convention ships not registered in the United Republic (ss. 227-229)
227. Load line certificates of Convention ships not registered in the United Republic
228. Inspection and control of Convention ships not registered in the United Republic
229. Certificates of Convention ships to be produced to customs
The master of every Load Line Convention ship not registered in the United Republic shall produce a valid load line certificate to the customs officer from whom a clearance for the ship from any port in the United Republic is demanded; and a clearance shall not be granted and the ship may be detained until the certificate required by this section is so produced.[s. 227]Loading of timber (s. 230)
230. Carriage of timber deck cargo
Carriage of bulk commodities (s. 231)
231. Carriage of bulk commodities
Dangerous goods (s. 232)
232. Regulations as to dangerous goods
Ships alleged to be unseaworthy (ss. 233-238)
233. Obligation to secure seaworthiness of ship
234. Unseaworthy ships to be detained
235. Complaint to be in writing
Any complaint in respect of the seaworthiness of a ship shall be in writing, stating the name and address of the complainant, and a copy of the complaint including the name and address of the complainant shall be given to the owner or master of the ship at the time of detention, if the ship be detained.[s. 233]236. If complaint of a trivial nature
Before a ship is detained under section 234, a detaining officer shall assure himself by all means at his disposal that the complaint is not of a trivial or vexatious nature; and where on inspection it is determined that any ship detained under section 234 was not an unseaworthy ship, the expenses in connection with inspection shall be paid to the Government by the person making the complaint.[s. 233]237. Regulations for protection of workers against accidents while loading or unloading ships
The Minister may make regulations for the protection against accidents of workers employed in loading or unloading ships, having regard in particular to the following—238. Marking of heavy packages or objects
No person shall in the United Republic consign to be loaded on any ship, and no master, owner or agent of any ship shall, in the United Republic, cause or permit to be loaded on any ship, any package or object of a gross weight of 2.240 lb or over without causing its approximate weight to be plainly and durably marked on the outside of such package or object.[s. 236]Special applications and exemptions (ss. 239-240)
239. Special application of this Part
The Minister may direct that this Part or any of the provisions thereof shall apply to any foreign vessel or class of vessel whilst within the territorial waters of the United Republic.[s. 237]240. Minister may relieve ships from compliance with this Part
Part VI – Wrecks, salvage, and investigation into shipping casualties (ss. 241-274)
Receivers of wreck (ss. 241-247)
241. General superintendence of Commissioner for Customs
242. Fees and expenses of receiver
243. Duties of receiver
244. Powers of receiver
245. Passage over adjoining lands
246. Immunity of receiver against certain suits
Where, when a receiver or any person acting under his orders is engaged in the execution of the duties committed to the receiver by this Part and some other person resists the receiver or other person and is killed, maimed or hurt by reason of such resistance, no action, suit or prosecution against the receiver or other person shall be maintainable by or on behalf of the person so killed, maimed or hurt, unless the receiver or other person has used more force than was, in the circumstances, reasonably necessary.[s. 244]247. Offences
Every person who wilfully impedes or obstructs a receiver or any person acting under his orders in the execution of his duty commits an offence under this Act and shall on conviction be liable to a term of imprisonment not exceeding twelve months.[s. 245]Dealing with wreck (ss. 248-252)
248. Duty of persons finding wreck in the United Republic
249. Procedure in case of concealment of wreck
250. Notice of wreck
Where a receiver takes possession of any wreck he shall within forty-eight hours, if the owner of the wreck is not known to him, cause to be posted in the customs house nearest to the place where the wreck was found or was seized by or delivered to him a description of the wreck and of any marks by which it is distinguished, and shall also transmit a similar description to the Commissioner of Customs, who may give such publicity to that description as he thinks fit.[s. 248]251. Owner may claim wreck within six months
252. Sale where for general advantage or owing to nature of goods
Where in his opinion it is for the advantage of all parties to sell wreck in his custody, or where that wreck consists of goods of a dangerous or perishable nature, the receiver may immediately sell the wreck, and the proceeds of that sale, after levying Customs duty if any, and defraying the expenses of the sale, shall be held by the receiver for the same purposes and subject to the same claims, rights and liabilities as if the wreck had remained unsold.[s. 250]Unclaimed wreck (ss. 253-254)
253. Sale of unclaimed wreck
Where no owner establishes a claim to any wreck in the possession of the receiver within six months after it came into his possession, the receiver may sell the wreck and shall pay the proceeds of the wreck to the Government after—254. Discharge of receiver
Removal of wrecks (ss. 255-256)
255. Removal of wreck by harbour authority
256. Removal of wreck by Minister
Where any vessel is sunk, stranded or abandoned on the coast or on or near any rock, shoal or bank in the United Republic or any adjacent seas, the Minister shall, if in his opinion the vessel is or is likely to become an obstruction or danger to navigation, have the same powers in relation thereto as are by this Part conferred upon a harbour authority.[s. 254]Salvage (s. 257)
257. Reasonable salvage payable
Procedure in salvage (ss. 258-265)
258. Disputes as to salvage
Disputes as to salvage whether of life or property shall be heard and determined by and before the receiver or the court as provided for respectively by this Part and not otherwise.[s. 256]259. Cases where receiver determines amount of salvage
The receiver shall determine the amount of salvage in the following cases—260. Costs
Where in any suit or proceedings for salvage in the court the claimant recovers an amount less than the maximum amount that might be claimed before the receiver, then unless the court certifies that the suit or proceeding was unfit to be determined by the receiver the claimant shall have no costs, charges or expenses incurred by him in the prosecution of his claim; and shall pay to the other parties such costs, charges and expenses, if any, as the court directs.[s. 258]261. Valuation of property
When a dispute as to salvage arises, the receiver or the court shall on the application of either party appoint a valuer to value that property and shall give copies of the valuation to both parties.[s. 259]262. Seizure and detention of property liable for salvage
263. Sale of detained property by receiver
264. Voluntary agreement to pay salvage
265. Limitation of time for salvage proceedings
No action shall be maintainable in respect of any salvage services unless proceedings therein are commenced within one year from the date when the salvage services were rendered:Provided that the court may extend that period to such extent and on such conditions as it thinks fit.[s. 263]Shipping casualties and accidents on ships (ss. 266-267)
266. Shipping casualties
A shipping casualty shall be deemed to occur—267. Appointment of officer to hold preliminary inquiry
Formal investigations into casualties (ss. 268-272)
268. Commissioner for formal investigations
269. Powers of Commissioner
270. Powers of Commissioner of investigation as to certificates
271. Delivery up and disposition of certificates
272. Re-hearing of investigation
Inquiries as to the competency and conduct of officers (s. 273)
273. Inquiry into conduct of certificated officer
Removal of master by court (s. 274)
274. Removal of master by court
Part VII – Limitation and division of liability (ss. 275-286)
Limitation of liability (ss. 275-282)
275. Limitation of liability of ship owners
276. Power of court to consolidate claims
Where any liability is alleged to have been incurred by the owner of a ship in respect of any loss of life or personal injury, or any loss of or damage to property, or any infringement of any right in respect of which his liability is limited by section 275, and several claims are made or apprehended in respect of that liability, the court may on the application of that owner determine the amount of his liability and distribute that amount rateably among the several claimants; and that court may stay any proceedings pending in any other court in relation to the same matter, and the court may proceed in such manner and subject to such rules of court as to making persons interested parties to the proceedings, and as to the exclusion of any claimants who do not apply to be joined in the proceedings within a certain time, and as to requiring security from the owner, and as to the payment of any costs, as the court thinks just.[s. 274]277. Extension of limitation of liability
The provisions of sections 275 and 276 shall extend and apply to—278. Limitation of liability of dock, canal and harbour owners
279. Tonnage of small vessel
For the purposes of sections 275 and 278 the tonnage of any ship that is less than three hundred tons shall be deemed to be three hundred tons.[s. 277]280. Calculation of tonnage
281. Where several claims arise on one occasion
The limitation of liability under sections 275 and 278 shall relate to the whole of any losses and damages that may arise upon any one distinct occasion, although the losses and damages may be sustained by more than one person, and shall apply whether the liability arises at common law or under any statute, and notwithstanding anything contained in that statute.[s. 279]282. Release of ship on giving of security
Division of liability (ss. 283-286)
283. Rules as to division of liability
284. Joint and several liability
285. Right of contribution
286. Extended meaning of "owners"
The provisions of sections 283 to 285 inclusive shall apply to any person other than the owners responsible for the fault of the vessel as though the expression "owners" included those persons and as though that expression included all persons responsible for the navigation and management of the vessel pursuant to a charter or demise.[s. 284]Part VIII – Legal proceedings (ss. 287-310)
Prosecution of offences (ss. 287-290)
287. Prosecution of offences
Proceedings in respect of an offence under this Act may be instituted in the name of the United Republic by the Merchant Shipping Superintendent or by any Registrar of shipping, shipping master or surveyor, or by any other person authorised by the Minister in that behalf.[s. 285]288. Offences and penalties
289. Limitation of time
Subject to any special provisions of this Act, including the provisions of section 310 neither a conviction for an offence nor an order for payment of money shall be made under this Act in any proceedings instituted in the United Republic, unless that proceeding is commenced within one year after the commission of the offence or after the cause of complaint arises as the case may be.[s. 287]290. Liability of agents
Where the owner or charterer of any foreign ship appoints or nominates any person resident in the United Republic to act as his agent or otherwise on his behalf in respect of the management for the time being of such ship, and that person acting on behalf of that owner or charterer does anything or omits to do anything in contravention of this Act or in contravention of any rule or a regulation made in pursuance of this Act in respect of that ship, is liable to the same extent as the owner or charterer would have been liable in respect of the contravention had he done or omitted to do that thing and was within the jurisdiction of the court.[s. 288]Jurisdiction (ss. 291-294)
291. Jurisdiction in case of offences
292. Jurisdiction over ships lying off the coasts
293. Jurisdiction in case of offences on board ship
Notwithstanding anything contained in any other law in force in the United Republic, but subject to the provisions of section 170, where any person being a citizen of the United Republic is charged with having committed any offence on board any Tanzanian ship on the high seas or in any port or harbour, or not being a citizen of the United Republic is charged with having committed any offence on board any Tanzanian ship on the high seas, and that person is found within the United Republic, any court that would have heard the offence if it had been committed within the limits of its ordinary jurisdiction shall have jurisdiction to try the offence as if it had been so committed.[s. 291]294. Offences by seamen in foreign ports
All offences against property or person committed on any Tanzanian ship at any place out of the United Republic by any master, seaman or apprentice, who at the time when the offence is committed is employed in any Tanzanian ship, shall be deemed to be offences of the same nature respectively and be liable to the same punishments respectively, and be inquired of, heard, tried, determined and adjudged in the same manner and by the same courts and in the same places as if those offences had been committed within the country of port of registry of their ship.[s. 292]Jurisdiction where unsatisfied mortgage (s. 295)
295. Provisions as to mortgages of ships sold to foreigners
Where the registration of a ship is considered to be closed under section 22 on account of a transfer to persons not qualified to be owners of a Tanzanian ship, any unsatisfied mortgage may, if ship comes within the jurisdiction of the court, be enforced by the court notwithstanding the transfer, but without prejudice, in cases where the ship has been sold under the judgment of a court, to the effect of that judgment.[s. 293]Damage occasioned by foreign ships (ss. 296-297)
296. Power to detain foreign ship that has occasioned damage
297. Conveyance of offenders and witnesses to United Republic
Reciprocal jurisdiction and jurisdiction over foreign ships (ss 298-299)
298. Reciprocal services relating to foreign ships
299. Application by order of provisions of Act to foreign ships
Where a foreign country is desirous that any of the provisions of this Act, that do not apply to the ships of that country should so apply and there are no special provisions in this Act for that application, the Minister may order that such of those provisions as are by order in the Gazette specified shall, subject to the limitations, if any, contained therein, apply to the ships of that country and to the owners, masters, seamen and apprentices of those ships when not locally within the jurisdiction of the government of that country, in the same manner in all respects as if those ships were Tanzanian ships.[s. 297]Inquiry into causes of death (s. 300)
300. Inquiry into cause of death on board ship
Depositions in legal proceedings (s. 301)
301. Depositions received when witness cannot be produced
Detention of ship and distress on ship (ss. 302-304)
302. Enforcing detention of ship
303. Ship may be seized and sold if penalty not paid
304. Distress on ship for sums ordered to be paid
Where any court or magistrate has power to make an order directing payment to be made of any seaman's wages, fines or other sums of money, then if the party so directed to pay the same is the master or owner of the ship, and the same is not paid at the time and in the manner prescribed in the order, the court or magistrate who made the order may, in addition to any other powers they may have for the purpose of compelling payment, direct the amount remaining unpaid to be levied in distress and sale of the ship, her tackle, furniture and apparel.[s. 302]Evidence, service of documents and declarations (ss. 305-307)
305. Proof of attestation
Where any document is required by this Act to be executed in the presence of or to be attested by any witness or witnesses, that document may be proved by the evidence of any person who is able to bear witness to the requisite facts without calling the attesting witness or the attesting witnesses or any of them.[s. 303]306. Admissibility of documents in evidence
307. Service of documents
Protection of officers (s. 308)
308. Protection of officers
Every officer appointed under this Act, and every person appointed or authorised under this Act for any purpose of this Act shall have immunity from suit for or in respect of anything done by him in good faith or admitted to be done in good faith in the exercise or performance or in the purported exercise or performance of any power, authority or duty conferred or imposed on him under this Act.[s. 306]Application of fines (s. 309)
309. Application of fines
Where any court imposes a fine under this Act for which no specific application is provided in this Act, the court may direct the whole or any part of the fine to be applied in compensating any person for any wrong or damage that he may have sustained by the offence in respect of which the fine is imposed, or to be applied in or towards payment of the expenses of the proceedings.[s. 307]Limitations of actions in civil proceedings (s. 310)
310. Limitation of time for civil proceedings
Part IX – Pollution (ss. 311-312)
311. Pollution of the sea by oil
312. Smoke
Part X – Supplemental and transitional provisions (ss. 313-321)
313. Exemption of Government service ships
This Part shall not, except as specifically provided, apply to Government service ships as defined in subsection (1) of section 2.[s. 311]314. General powers of Minister
For the better execution of certain provisions of this Act, the Minister may delegate his powers and duties, except the power to make rules and regulations and the powers conferred upon him by sections 268, 273 and 299 of this Act, to an officer (in this Act referred to as the Merchant Shipping Superintendent) and anything done by that officer in respect of this Act in consequence of such delegation shall be deemed to have been done by the Minister.[s. 312]315. Forms sanctioned by Minister
Subject to any special provisions of this Act, the Minister may cause to be prepared or may adopt and sanction forms or any document or paper required under this Act and may from time to time make such alterations in those forms as he thinks fit.[s. 313]316. Fees
317. Exemption for limited period
Notwithstanding any other provisions of this Act the Minister may by notice in the Gazette for a limited period, where in his opinion special circumstances exist, exempt a particular vessel or class of vessels from the application of the whole or any part of this Act.[s. 315]318. Certificates and documents to be produced to customs
Where under any provision of this Act a certificate or document is required to be produced to a customs officer before clearance is granted by the customs officer, the production of a certificate granted under the hand of a shipping master to the effect that the said certificate or document has been produced to him shall be sufficient evidence that the provisions of this Act have been complied with and the customs officer may proceed to grant clearance.[s. 316]319. Transitional effect of certain rules and regulations
The rules, regulations and orders set out in the Second Schedule to this Act as amended and in force at the date when this Act comes into operation shall have effect pending the regulation of any matter under this Act as if they had been made under the provisions of this Act, so that in each case in which it is provided that the rules, regulations and orders shall apply to British ships registered in the United Kingdom and to other ships while they are in port in the United Kingdom the same shall be construed as applying, mutatis mutandis, to Tanzania ships and to other ships in port in the United Republic, and this declaration shall be deemed to include any certificate, form or code of instructions printed and officially published for use in compliance with the rules, regulations and orders.[s. 317]320. Regulations
The Minister may make regulations for—321. Amendments
The laws set forth in the first and second columns of the Third Schedule to this Act are amended in the manner specified in the third column.History of this document
23 June 2004
Repealed by
Merchant Shipping Act, 2003
31 July 2002 this version
Consolidation
01 December 1967
Commenced
Cited documents 0
Documents citing this one 38
Gazette 18
Government Notice 7
Judgment 7
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