Section 24 in The Merchant Shipping (Amendment) Act, 2002
24. Amendment of section 352-I.- In section 352-I of the principal Act,-(a) for sub- section (4), the following sub- section shall be substituted, namely:-" (4) When any incident involving two or more ships occurs and pollution damage results therefrom, the owners of all the ships concerned, unless exonerated under sub- section (3), shall be jointly separable."; and severally liable for such damage which is not reasonabl
(b)for sub- section (6), the following sub- section shall be substituted, namely:-" (6) Without prejudice to any right of recourse of the owner against third parties, no claim for compensation for pollution damage may be made against-(a)the servants or agents of the owner or the members of the crew;(b)the pilot or any other person who, without being a member of the crew, renders services for the ship;(c)any charterer (howsoever described, including a bare- boat charterer), manager or operator of the ship;(d)any person performing salvage operations with the consent of the owner or on the instructions of a competent public authority;(e)any person taking preventive measures;(f)all servants or agents of persons mentioned in clauses (c), (d) and (e), unless the incident causing such damage occurred as a result of their personal act or omission committed or made with the intent to cause such damage, or recklessly and with knowledge that such damage would probably result.".
