THE SHIPPING ACT - VERTIC

1 SHIPPING 1. THE SHIPPING ACT. ARRANGEMENT OF SECTIONS. PART I. Prelimina? 1. Short title. 2. Interpretation. 3. Shp's tonnage. 4 Application of Act. 5. Non-application to foreign noncommercial ships. PART II. The Maritinre Authority 6. Establishment of Authority. 7. principal objects of Authority. 8. Functions of Authority. 9. Minister's directions to Authority. 10. Director-General. 11. Appointment of other officers and employees. 12. Appointment of surveyors. 13. Delegation of power by Director. 14. Minister may delegate certain powers and duties. PART III. Restriction on Trade 15. Trade in Jamaican waters. PART IV. Registration and Licensing of Ships and Proprietav Interest in Ships Rights and privileges of Jamaican Ships 16. Entitlement to right and privileges of Jamaican ships. 17. Obligations to register Jamaican ships. 18. Additional provisions for bareboat charter registration.

2 19. Jamaican ships bareboat chartered out. 3 Registration of Jamaican Ships 20. Qualificationsfor owning a Jamaican ship. 20A. Requirementsfor managhg owner or agent. 2 1. Application for registration. 22. Declaration of ownership. 23. Evidence on first registration. 24. Restriction on registration. [The inclusion of this page is authorid by 3f2002]. 24A. Rcgislcrs 24B. Entrics in rcgistcrs. 24C. Ccrtain rcstrictions on rcgistration 25. Ccrtifrcatcs of rcgistry and records. 20. Docunicnts to bc rctaincd b! thc Rcgistrar. 27 Rcgistration of nianaging owncr. ctc 28. Rcfusal of registration. 29. Canccllation of rcgistrdtion. 3 0 . Rcstriction on dc-rcgistration of shps 3 1. Ccrtificatc of de-registrdtion. 32. Port of rcgistn..\mw of Ships 3 3 . Nanic of ships. 34. Change of name of ship. 35. Idcntity marks for fishngvcssels. 36. Call s i p.

3 Certjficate ofRegislw 37. Ccrtificatc of Kcgistry. 38. Powcr to makc rcgulations in relation to Certificate of Registry. 39. Custody and delivery of Certificatc of Rcgistry. 40. Impropcr U&of Certificate of Registry. 4 I . Provisional Ccrtificatc of Registry. -12. Temporary pass in licu of Ccrtificatc of Registry. Tonnage Aleerrsurenienl 43. survcy. 44. T o m g c regulations. 45. Marking of ships. 46. T o m g e oncc asccrtaincd to bc t o m g c of ship. 47. Tonnagc of forcign ships 48. Forcign and orhcr mcasurcments. [Tlie iticlusion of this page is authorized by 3/2002]. SHIPPING 3. Registration o$Alteration and RegistrationAnew 49. Registrationof alterations. 50. Rules of registration of alterations. 5 1. Provisional Certificatewhere ship regstered anew. 52. Registrationanew on change of ownership. /- 53. Procedure for registration anew.

4 54. Restriction on re-registration of abandoned ships. Licensing of Small Vessels 55. Ships to be licensed. 56. Operation of licensed ship. 57. Maximum owners of licensed Jamaican ship. 58. Registration on change of ownership. 59. Regulations for licensing ships. Special Provisionfor Cruising Crap 60. Cruisingcraft. Transfers and Transmissions 61. Reference to ship include share. 62. Transfer of ship. 63. Declaration of transfer. 64. Registrationof transfer. 65. Transmission of propexty in ship on bankrupicy,death, etc. 66. Ship liable to de-registration upon transmission. 67. Transfer of ship by order of Court. 68. Power of Court to prohibit transfer. 3 Mortgages 69. Mortgages of ship, 70. Protection of undischarged mortgages. 71. Obligation of mortgagor to disclose existing liabilities. 72. Entry of discharge of mortgage. [The inclusion of this page is authorizcd by 3/2002].

5 J SHIPPING . 73. Priorih of mortgages. 74 Morlqagee not treated as owner. 75. Mortgagee to halve power of dsposal. 76. Mortgage not affected by bankruptcy. 77. Transfer of mortgage. 78. Transmission of interest in mortgage in certain circumstances. Jlnritinie Liens i 9 . Meaning of forced sa!e. 80. Sources of maritime liens. 8 I . Claims not recognized as maritime liens. ti2. Priority of maritime liens. Order ofpriorih of maritime liens. 84. Rights of shipbuilders and ship repairers. 84A Priority of rcgistcred mortgages. 85. Attacluncnt of maritime liens and extinction by lapse of time. 86. Estinction of lien not to affect other claims. 87. Assignment and subrogation. 88. Notice of forced salc to be given. 8Y. Effect of forced sale and dsposition of proceeds of sale. 90. lssuc of ccrtificate that the ship is free of encumbrance. !\ liscdlnnrous 9 I.

6 Provision tor cases of infancy and dsability. 92. Equitablc intcrcst. 0 3 . Rights of rcgistcred owncr. 94. Liability of owners. 95. Dispensing with declarations and evidence. C. Y 6 . Modc of making dcclarations. 97. Inspection of rcgister. 98. Admissibility in evidcncc of register and Certificate of Registry. 99 Forgery of documents. [The inclusion of this page is authorized by 3/2002]. SHIPPING . 100. False declarations 101. Failure to produce certificate or licence. PART IVA. Taxation and Other Concessions 10IA. Interpretation. lOlB Application for exempt status. r- 1O!C. Declaration of exempted ship. for benefits. 101E. Termination of benefits 101F. Exemption from income tax. 101G. Exemption from transfcr tax 101H. Exemption from other taxes. duties and fees. 10 1I. Valid@ of crew agreement of an exempted ship. 1015. Special provisions for expediting registration.

7 PART V. National Character and Flag 102. National character of ship to be declared on clearance. 103. Right to fly flag of Jamaica. 104. National colours. 105. Showing Of national ColourS. 106. Penalty for unduly assuming Jamaican character. 107. National flag on foreign ship. 108. Penalty for concealing Jamaican character or assuming foreign character. 109. [RepealedbyAct I5 of 110. Liabilities of ship not recognized as a Jamaican ship. PART VI. Manning and cerhjication 111. Interpretation. 112. Scheme of regulations. 1 13. Regulations regarding manning and qualifications of persons serving in Jamaican ships. 114. offences. [The inclusion of this page is authorized by 3/2002]. 6 SHIPPING . PART UI. Engagernmt and Welfare of Seamen Engugement of Seamen 115. Functions of Registrar of Seamen. 116. Crew agreement. 117. Contents of crew agreement.]

8 118. Regulations for disciplinary offences. 119. Conduct both disciplinary offence and offence under this Act. 120. Procedures relating to certain crew agreements. 121. Further provisions as to crew agreement. 122. Terms not to be contrary to law of Jamaica. 123. Seaman's certificate of dlscharge. 124. Character report. 125. mences. 126. Discharge on change of ship's registry. 127. Prohibition of employment of persons under sixteen years. 128. Changes in crew of certain ships. 129. Change of master. 130. Regulationsfor conditions of service. 13 1. Use of English language. 132. Crew's knowledge of English. Wages 133. Time and manner of payment of wages. 134. Account of wages. [The inclusion of this page is authorized by 3n0021. 7. 135. Deductions from wages. 136. Settlement of wages. 137. Registrar's decision as to wages. 138. Registrar may require ship's documents.]

9 139. Reimbursement of Registrar. 140. Rate of exchange. 141. Registrar may settle certain wage disputes. 142. Court may award interest on wages due where there is no crew agreement. 143. Allotment notes. 144. Wage where service terminated. 145. Protection of seaman's rights and remedies. 146. Claims against seaman's wages for maintenance. 147. Master's remedies for remuneration and disbursements. 148. Wages not dependent on freight. 149. Refusal to work. - 150. Illness caused by own default. 151. Costs procuring conviction. 152. Improper discharge. 153. Protection of wages. 154. Leave and holidays. 155. Jurisdiction of Supreme Court in the recovery of wages. 156. Power to rescind contracts. Property qf Deceased Seuman 157. Property of deceased seaman. 158. Delivery of deceased seaman's property. 159. Forgery of documents. Occupational Safety 160.

10 Occupational safety regulations. [The iiiclusion of this page is authorized by .3/ZOOl]. 8 SHIPPING . Provisions 161. Provisions and water. 162. Complaints as to provisions and water. 163. Allowance for short or bad provisions. 164. Weights and measures. 165. Regulations regarding provisions. 166. Regard had to international treaty. Health und Welfare 167. Medical fitness regulations. 168. Crew accommodation iegulations. 169. Certificated cook to be carried. 170. Medical stores regulations. 171. Expenses for medical treatment and burial. 172. Medical practitioners to be carried. 173. Welfare Board for seamen's welfare. 174. Facilities for making complaints. Proteclion of'Srumen,from Imposition 175. Assignment and sale of salvage. 176. Seaman's debts. Provisions us 10 Discipline 177. Endangering life or ship. 178. General offences against discipline.