Obligation of ship owner, master or agent with respect to seaworthiness
Section 128 of the Merchant Shipping Act, 2025 deals with obligation of ship owner, master or agent with respect to seaworthiness. In every contract of service, express or implied, between the owner of a vessel and the master or any seafarer thereof, there shall be implied, irrespective of any agreement to the contrary, an obligation on the ship owner that such ship owner and the master and every agent charged with the loading The Act came into force on 15 Mar 2026.
(1) In every contract of service, express or implied, between the owner of a vessel and the master or any seafarer thereof, there shall be implied, irrespective of any agreement to the contrary, an obligation on the ship owner that such ship owner and the master and every agent charged with the loading of such vessel or the preparing thereof for sea or the sending thereof to sea, shall use all reasonable means to ensure the seaworthiness of such vessel for the voyage at the time when such voyage commences and to keep her in a seaworthy state during the voyage.
(2) For the purpose of verifying compliance of the provisions of this section, the Central Government may, either at the request of the ship owner or otherwise, arrange for a survey of the hull, equipment or machinery of any sea-going vessel by a surveyor or any person so authorised.
Section 128, The Merchant Shipping Act, 2025 (Act 24 of 2025).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Questions about Section 128
What does Section 128 of the Merchant Shipping Act deal with?
Section 128 of the Merchant Shipping Act is headed "Obligation of ship owner, master or agent with respect to seaworthiness". In every contract of service, express or implied, between the owner of a vessel and the master or any seafarer thereof, there shall be implied, irrespective of any agreement to the contrary, an obligation on the ship owner that such ship owner and the master and every agent charged with the loading
How do I find court cases under Section 128 of the Merchant Shipping Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Merchant Shipping Act 2025 128, section 128 Merchant Shipping Act 2025, section 128 of the Merchant Shipping Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 128 of the Merchant Shipping Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 128 of the Merchant Shipping Act come into force?
Section 128 of the Merchant Shipping Act, cited as Merchant Shipping Act 2025 128, came into force on 15 Mar 2026, having been enacted on 18 Aug 2025. It is in force as at the date shown on this page.
Other sections of this Act
- 281. Offences and penalties5433 words
- 3. Definitions2558 words
- 89. Power to refer disputes between seafarers and employers to Tribunal770 words
- 91. Relief and maintenance of abandoned seafarers739 words
- 113. Power to make rules738 words
- 138. Power to take measures for containment of pollution and reporting of incidents667 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.