The kerala Inland Vessels Rules, 2010

¼ © Government of Kerala a.e,m 2010 Reg. No. th1. cpmi8 KL/TV(N)/1 2/2009-2011 KERALA GAZETTE Cd)ø@ cixrn5 EXTRAORDINARY (GTbffOOWO(b6lDo .

PUBLISHED BY AUTHORITY aucui€eoø1acncn,ul cu1Djsczin')crnØi 30thApril2010 Vol. LV THIRUYANAIaUAPURAM,FRIDAY 2910 ogtnJ1 30 No.

11055 njoeio 55 5 . c)1thoJm(m)nJ2cDo, xu1 10th Vaisakha 1932 ,cnjc8 1932 6)GnJubo6Uo 10 GOVERNMENT OF KERALK - Coastal Shipping. and Inland Navigation Department NOTIFICATION 'U 0(P) No. 5/2010/6SIND. Dated, Thiruvananthapuram, 30th April, 2010.

S. R. O No. 424/2010.—In exercise 61 the powers confeired by sectiOn 19(1). 19 R, 29(1), 30, 30A, 52(l), 53(1), 54(l), 54(5) and 67(1) of the inland Vessels Act, 1917 (Central Act I of 1917) and in supérsession of the Travancore Public Canals and Public Ferries Rules, 1100 ME, issued under the Public Canals and Public Ferries Act, 1096, the Cochin Public Canals and Backwaters Navigation Rules, 1114 ME issued. under the Cochin Public Canals and Baczwaters Navigation Act, 1092 and the Canals andPublicFcrries Rules, 1917 issued under the Canals and Public Ferries Act, 1890, to thextent they ipply to mechanically, propelled vessels and the Inland Vessels Survey and Registration (Kerala) Rules, 1999 issued under G. 0. (P) No. I/991CS&IND dated 5th. June, 1999 and published as S.R.O. No.503/99 in the Kerala Gazette Extraordinary. No. 1112 dated 5th June, 1999, the Governmtht of Kerala hereby make the following rules, name!y:- 33t1763/2010IDTP.

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PRELIMINARY Thort title and comrnenccment.-.-(1) These rules may be oallej the kerala 'Inland. Vessels Rules, 2010.

-, (2) They shall come into force on such date as may be appointed by Government by notification in the official Gazette. -.

Defitzitions.—(1) in thde .iIeS, unless the context otherwise requires,— 'Act' • means the Inland Vessels Act, 1917 (Central Act I of 1917);

'amidships' means at the middle of the length L;

'Approved life-buoy' shall be deemed sufilcient to provide buoyancy for two persons;

'approved consultant' means a naval architect or a marine engineer qualified to certi& the safe construction of hulUmachiney of the vessel for the purpose ofsurvey and duly approved by the Competent Authority;

'Buoyant apparatus' mans rectangulat rafts fitted with buoyancy tanks sufficient to support up to fourteen persons An the water and includes buoyant deck seat;

'Certificate'of Survey' means the certificate of stirvey granted under section 9 of 'the Act; - 'Class Survey of Classification Society' means survey by a ship classific'ation society to assign - charhcters and class notations of inland vessel;.

(b) 'channel marks' include cocohut piles/bamboo marks, buoys and beacon;

(i) 'Chief examiner Inland Water Transport' means an officer so appointed by the Government in charge of syllabus, examination and issue of certificates; .'

U) 'Chief surveyor' means an officer duly so appointed by the Governmnt under this rules;

(k) 'Competent Authority' means an authority so appointed by the Government;.

(I) 'convoy' means a group of vessels, floating, equipments or raft towed or pushed by a mechanically propelled vessel;

'drifting' means being driven by the current with the engine stopped;

'ferrj' boat: means any vessel providing a trahsport service actoss or along a waterway;

'Form' means f&m appended to these rules; - freeboard' means the diütattce measured vertically downwards amidships from the upper edge of the - deck line to the position at which the upper edge, of the appropriate load line mark lies;

(g) 'CT' means gross tonnage;

'Government' means thi,Government of Kerala;

'length and breadth of a vessel' theais,maximwi length and breadth of a vessel;

'lok' means confined' section of river or canal where level can be changed for raising and lowering boats between adjadent sections by use of gates and sluices;

'lock basin' means the approach to the lock narrowing towards the lock from upstream and downsveam;

'master' means' any prson,possessfng a certificate of competency/service issued under the Act and in overalf charge and,control of a vessel; - 'miles' means nautical miles;

'name of the vessel' includes the çegistratioa2mark referred to section 19 H of the Act;

'navigable channel" means the ciinncl intended for uninterrupted passage of vessels;

- 'owner' means the owner of a vessel;

(aa) 'Registering Authority' means the r&gistering Authority appointed under this rule; -

(ab) 'restricted visibility' means any condition in wl'ich visibility is restricted by fog, mis, heavy rainstorms, sandstorms or any other similar causes;

(ac) 'sailing vessel: means any vessel under sail, Without- using the propelling machinery

(ad) 'Schedule' means the schedule appended to, these Rules;

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(ae) 'surveyor' includes Chief Surveyor also; . ¼, '(afj 'Underwa? means a vessel which is not at anchor or Sade fast to the shore or aground;

(ag). 'Vessel' means an inland vessel or a inland mechanically propelled vessel;

± (ah) 'Vessel not under command' means a vessel, which through some exceptional circumstances is unable to maneuver as required by these flues and is therefore unable to keep out of the way of another vessel. - () Words and expressions used, but not defined in these Rules, shall have the meaning assigned to them ' inpe Act.

S CHAPTER lJ SIt'EY AND REGISTRATION - . PARTI' SURVEY OF VESSELS k 3. of Survey.—(1). Every vessel to which the provisions of the-Act apply shall be subjectedto the sutyeys specified below: - - - A survey before the vessel ispt in service; ' A periodical survey once in every twelve months;

- (iii) Additional Surveys at otcasion demands. - ' (2) Tne survey before the vessel is put in service shall include a cofnplpte inspection of the hull, machinery '-.,. a4 equipthents to ensure that arrangements, material, scantlings of hull, main and auxiliary machinery, life-saving -. .apf,liances, fire appliances and other equipments fully comply with the requirements under the Act and these Rules as f.,. ar applicable in its case. . .

' Provided that the bottom of the vessel which has been surveyed or examined by a surveyor before the vessel . istaunched may be exempted unless the surveyor has special rasons fof considering it necessary.

(3) The periodical survey of the .vessel shall iiwlude an inspection of the whole of the hull, machinery and 'rimehts to ensure that hull, machinery and -cquipmenth are lit satisfactorj condition md fit for The service for which Ivessel is intended and that she complies with the requirements under this Act and these arIes as are applicable in its - .

(4). All Veisols shall be inspected once in every twenty four months by a surveyor in a.dry dock or on a - s4way such that all portions of hull external can be examined during the hours of daylight:

t Provided that a vessel may be exempted from inspection in a dry doctor a slip way only where the approved clssiflcation soCiety conducting the periodical survey of the vessel does not ibsist for the same.

(5) No survey of the external hull shall be carried out during the hours of darkness unless specially authorized Slany exceptional case by the competent authority. - . -

(6) The jeriod of validity of a certificate of survey shall be twelve moaths from the date of survey.

-. (7) A survey either general or partial, according to the circumstances shall be made,— the efficiency or competence of its equipments has changed or whenever a request for extension of eeflcate of survey is being considered, every, time 'a -defect is dicotered or an accident occurs which affects the safety of the vessel.

(8) The survey shall be conducted in such a way to ensure that the necessary repairs or renewals have beep e*'ectively made, that the material and workmanship of such repairs orrtnewals are in all respects satisfactory and that -.... . tl vessel is fit for the service for which she is intended.

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4. Categorization of Vessels.— For the purpqse of survey inland vessels may be classIfied into two categories as follows:— Category A Ycssels.driven with more than 300 H.P in board engine;

Passenger Vesselsl}Iouse Boats with deck above the free bbard deck;

Vessels with Fibre Reinforced Plastic hull having a passenger capacity of more than 25;

Ves?els dther than house boats of.more than 24m. length;

(c) Hover ctafis and Hydro foils;

(f) House floats of length more than 3(1 in. with no upper deck.

Category B All mechinically propelled vessels not included in Category A.

15. Procedure for survey: (1) The owner or bUildei who intends to build a vessel shall: before laying the keel of the vessel, submit a preliminary application expressing his .intentior IQ build a vessel, in Form N&l aloñj with particulars specified in sub clause (b). (c) .(d) ,(e) add (f) of rule 6(4), to the Chief Surveyor so that the progress of construction an .b watched by the Surveyor from the very beginning and at differáit stages of construction.

Upon receip(of application as above, th6 Chief Surveyor shall verify the same and decide the category to which the vescl is to be included and intimate it to the applicant.

The date and place of laying the' keel for. the new vessel shall be intimated to the Chief Surveyor, in writiqg, at least seven days before laying the keel. * .

Category A vessel's shall be required to be built under the class survey of classification society as be specified by the Government and - Category B vessels built either under class survey of ólassification society or under the inspection of State Sur''ey authority, assisted by certified Naval Aichitects or Marine Engineeri for appro.'al of drawings, stage survey etc. - -

Provided that Governmcnt may exempt any vessel or class of vessels satising the requirements of Travancore Public Canals and Public ienies Act 1096, the CochinPu'blic Canals and Back Waters Navigation Act of 1092, the keel of which is laid or under construction or constructed before the coming into force of these rules,froni rule 4 und provisions in sub rules (1) and (2) of this rule, for a period not exceeding one year from the date of commencemcnt of these rule if the vessel or class of vessels equipped with adequate life saving and fire fighting equipments for the purpose of attaining the standards of survey as specified in rule 5.

6. 4pplication for Survevc - (F) Every application for. survey shall be made to the surveyor fifteen clear days befor the date on which the applicant would like to have the survey made.

The application shall be made in• Form No. 2 and shall contain the partkulars required therein.

Every application shall be accompanied by the following records in respect of S vessel, namely,---- copy of registntien of the vessel or records evidencing the title of the applithmt in respect of the vessel; - copy of latest certilicate of Survey if it is an existing vessel and in case the vessel undergoing. the first initial survey, a deClaration to that euIèct;

authorization from the rcgistcred owner, in the casts where the applicant is not the registSed owner;

(iy) documentary proof of his legal/natural guardian in case of minor;

- (v) clalan receipt evidencing paymdni of such lees for survey as specified in the Schedule-! for the survey;

(vi) duplicate of latest declarationl if any, given to the owner; - the name of-part or place at which survey is expected to be cthed put;

such other records as are necessary 'for and in connection1 withsurvey;

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(4) For survey of Inland Vesel either newly construciecj or existing vessel being surveyed for thq ffrst time, application shall be accompanied by:

particulars in Form No. 3 General Arrangement plans, structural d?awings freeboard marking, shell èxpansioñ, machinery and machinery layout, propeller, shafting, gears and steering plans, pipeline such as bilge and ballast, oil transfer etc.

particulars of wheel house, crew accomniodation, passages, galleys, stores/service plaôe etc.

- (d) particulars of ventilation/change of air for engine room, crew accommodation etc.'

(e) particulars of Life Sa'ing, Fire Fighting, Light and Sound sPgnals, Navigational and Cmmunication dquipments. -.

(f) drawings and cdmputation as'required undpr (b), (c), (d) and (e) belo and signed by a Naval Architect/Classification Society approved by Government. - jIT (5) ;For Category A vessels, application shaH be accompanied by:

I. - (a) relevant plans; -

(b) computation of the strength of the hull, decks, bulithead including cbllisiol, bulkhead etc.

- (c) computation of s6bility, free board clearly showing amount of cargo and- meThod of its placement, IT . dePicting calculatiqn of metacentric height; -

(d). all possible data from the Ex Registering Authority çegarding stability, drawings as mentioned above etc. and builders certificate, if available;

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Provided that, if previous Surveying Authority is unable to supply such data, for any reasdn and - pommunicates the 'same in writing, the dwner shall produce such communication;

- -. (e) certificate of machineries from manufacturers or classification societies or surveyors and cpy of Registration Certificate of vessel, if necessary. 'a.

7. Date, lime and Place of survey._-:. (I) On receipt of an application for survey, the surveyor shall fix the date, .time and place of survey and shall give intimation thereof to the applicantin Form No. 4. -

(2) Survey of Inland vessel shall be conducted at such pla'ces that as may be declared by the Government as places of survey under section 4 of the Act.

8. Manner of survey.—.(I) The survey shall be mádê at such time, place and date, as may be specified in the intimation referred to in rule 7:

Provided that the surveyor may postpone the survey for reasons to be recorded and in the cas of such postponement, the survey shall be made only after fresh intimation, in the manner herein before specified:

Provided further tht the surveyof may require the vessel to be brought over to dry dock or any 'other suitable place, if such a step is, for reasons to b recorded, considered necessary by the survey& for the purpose of the survey - and no survey need be made in pursuance of an application unless the directions of the surveyoi in this regard are complied with by the applicant: -

Provided also that no survey shall be made on a public holiday unless it is mutually convenient for the surveyor nd the- applicant and unless the additional fees ai.provided thereof in these rules are paid by the applicant.

(2) Inc survey shall be made by actual ,inspection'of the vessel and every part thereof including the machinery thereof and any other article in the vessel, the inspection of whiëh is relevint for the purposes of the Act.

- - (3) At the survey,- the surveyor shall satis& himself as to the particulars specified in - section 7 of the Act.

(4 (a) if; as aresultof the survey any defect is noticed in the vessel or in any part ' thereof or,in any machinery or article therein, intimation of such defect shall be given to the applicant with a direction to recti& such defect within the period to be specified in such intimation. - 33/1763/2610/DTP.

On receipt of information from the applicant, regarding rectification of such defects, 'ftzrther survey shall be made and at further survey, the urveyor shall, before giving 1h declaration referred to in section 7 of the Act satisi himself as to the recification. of such defect.

The surveyor may refuse to give the declaration referred to in section 7 of the Act until the defect is rectified as diected by him.

(5) Where a vessel offered for survey in pursuance of an application in that belylf by the owner is withdrawn by the owner owing to any default or any other act or conduct by the owner and the survey is hindered or made impossible, no survey of the vessel shall be made based on that application:

Provided that nothing in this sub-nile shall prevent the owner. from filing a fresh application for survey.

(6) (a) The surveyor shall, as and-whe; so required by the .Government, furnish to the Government such information as he has in respect of any vessel- and if he icnot in possession of such information, he shall obtain such information from the owner or master and furnish it to the Government.

(b) .The owner or master of the vessel shall be, bound to give such information on a requisition in that - behalf by the surveyor. - -

(7) Notwithstandhig anything in these rules, it shall be competent for the surveyor to go on board any vessel and insi,ect it or any part thereofor any machinery or article thereon relevant to the purpose.of the Act, if such inspection becomes necessary for or in connection with any, of the purposes of the Act.

- - - (8) No surveyor shall enter a vessel for the puiose of survey of the vessel under this Act elcept under a i,oticeto the owner or master of the'esspl. . - • - '9. Declaration of Sun'ey.—(l) The declaration referred to in section 7 of the Act shall be in a Form No. 5 for. category A vessels and in Form No. 6 for category B vessels and shall be given in duplicate. - The owner or master to whom the declaration is given, shall within fourteen days after the date of receipt theof, send the declaration to such ófficer,as the Goveritment may by notification appoint in this behalf.

The surveyor giving such a declaration shall obtain from the owner or master of the vessel the current or exjiced certificate of survey in respect of the vessel and . forward the same to the competent officer with information regarding the survey made by him of the vessel and regarding the declaration given by him to the owner under iection 7 of the Act.

-, 10. Notice regarding certificate of Survey.—A notice unddr clause (b) of-sub-section (1) of section 9 of the Acf shall be in Form No. 7 and shall contain the details specified therein. - Ii. . Application f& certificate of survey.—An application for a certificate of survey shall be made to such officer authorized under subsection (2) ,of section 9 of the Act in Form No. 8 and shall contain the details specified therein.

12 Certificates of Survey.—The certificate of survey in respect of clss Kvessels shall be in Form No. 9 and in respect of class B vessels shall be in Form No. 10 and shall contain the -jarticulars specified therein.

13. Change of name.—('l) 'Where a change of name of a vessel in respect of which a certificate of survey had been granted under the Act is required, the owner or master of, the vessel shall forward the certificate of survey to the authority who issued the certifiéate along with an application for change of the name of the vessel entered in the certificate of survey. - , - • ' Such application shall be in Form No. 1-I and shall contain the particulars required therein.

Such officer shall, after due enquiry by ii'mscIf or thkough any other officer satisf' that the new name is not allfted to any other vessel and causemuch change as is necessary to be effected in the certificate of survey.

which shalt thereupon be teturned to the owner, . - - •• :

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- -- . PAR-ru H REGISTRATION OF VESSELS 4 -r 14. All Vessels to-be registcred.—Every vessel coming under category A and category B, except those n4itioned in section 195 of the Ac(shall be registered with the registering authority appointed by the Government . u4er section 19 B of the Act.

15 Apphcation for registration —( I) Every application for registration shall be in Form No 12 and shall ciltain the particulars required therein. . .

(2) Each application for registration shall b.c accompanied by

(a) a statement by the owner that the-provisions qfrthe Act and thse niles have been complied tt'ith;

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(b) a duplicate of the certiflcaRe of survey; - chalan receipt evidencing payment of such fees as specified in the Scheatile II for the reistration of the vessel; .

(d) copy of the 3 party insurance certificate of the Vessel. -

16. - Procedure for registration'—(1) On receipt of the application for regisiration, the registering authority s 11 give a notice in Form No.13, to the applicant informing him of the tiMe and date. of the enquiry in respect of the v sd.

(2) For the purpose of enquiry under these rules, it shall be competent for such authority;

(a) to inspect the vessel or any part thereof or any machinery therein or any article therein relevant to the purpose of such enquiry; . .

to call for any record from the owner or master of the vessel and examine it in so far as such - 3 . records are relevant for the purpose Qf such enquiry; and • to have such assistance as he deems fit for the purpose of such inspction. -.

(3) The owner; the master and every member of the crew of the vessel shall afford to such authprity all reAonable facilities for the enquiry and finnish such information as the authority requires for the purpose of such H -s 17. CertifIcate af-regisziauon.—The certificate of registration shall be in Form No. 14 and shall contain the piticulars specified therein. .

18. 'Manner .of display of distinguishing niark.—(1) The ditinguishing mark (hereinafter called the re$istration mark) assignettd a Vessel under section 19H of the Act, such as registration number, port of registry and 's n4ie of Vessel shall be displayed conspicuously on Star board or such Other places and both sides of the vessel.

(2) Eväy vessel except such small crafts whi6 may be specified by the Governrneht by notification shall bear' tht,folowing identification marks on ifs hull:— - Name of vessel, (Name shall be inscribed on each bow and stm-of the vessel);

Registration No;

Place of registry and year of registration

(3) The identification mark shall be inscribed with letters not less than 20 cm. in height and 2 cijl. wide and shjJI be punted in light colOur on a dark background or in dark colour on a light background.'

(4) In addition to the identifiation marks, every vessel shall be painted and displayed oh a fixed board, 'éhibfted oxthe upper 4eck, the following information:

gross registered tonnage ;

maximuth permissible number 6f pàsseiigers j(c) name of the owner ' • . . -,

(d) date of'last survey.

(5) Every vessel shall' have the load line marked at least for on meter amid ship on both sfdes and draught scAle marked n meters and decimeters at both ends of the vessel. -

(6) Every small craft shall have its .registration number inscribed on both sides of the vessel - . ' - . . 8 - (7) Every craft shall have its registration number or the name of the owner, or both, exhibited on a wide board at a conspicuous part of the craft.

19. Book of registration..—(1) The book of registration referred to in section 19 C of the Act, shall be in Form No. 15 and it shall contain the particulars required therein. - -' - (2) The book of registration shall be kept in bound volumes with machine numbered pages.

20. Safely Inspection, suspension/cancel/ation.—(1) The registering authority may, at any time, require that an Inland Vessel under his jurisdiction may be inspected by an officer appointed by Government in this behalf under section 19 (0) of the Act.

The registering authority at any time, ifsatisfled that the vessel is in such a condition not fit to ply in-the Inland water, susQend ,the registration of the vessel and require the owner thereof to surrender forthwith the certificates of survey and registration in respect of.that vessel.

A regisiering authority may also suspend/cancel a certificate of registration if the vessel has been destroyed or rendered permanently unfit for service. •

Provided that no certificate of registration shall be cancelled without affording an opportunity for being heard to the owner of the vessel.

21. Appeal.—(l) Every appeal under section 19 P of the Act shall be in Form No: 16 and shall contain the particulars required therein.

ç2) The appeal shall be accompanied by the following, namely:— - .

two copibs of the order appealed agaflist (of which at least one shall-be an original or an attested copy);

chalan receipt evidencing payment of the fee 'for the appeal specified in the Schedule II;

such other records as are necessary for the disposal of the appeal.'

(3) (a) The notice of appeal referred loin sub-secfion.(2) of section 19 p of the Act shall be in Form No. 17 and shall contain the particulars specified therein;

(b) The notice shall be communicated to the registering authority through post, through, a messenger or .

- •by any other method which has the effect of communicating the notice.

22. Report of alteration.—(l) No'alteration to a vessel, shall be made without obtaining sanction from the Registering Authority. , . - . (2) The report of alteration referred to in sub-section (1) of section 19 J of the AOt shall be made by the owner of the vessel within thirty days of the alteratiod in Form No. 18.

23. Duplicate of the certificate.—.(l) The authority which issued the certificate of registration shall issue a duplicate of the certificate of registration to replace a certificate lost, destroyed or mutilawd:

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Provided that no such duplicate certificate shall be issued unless,— in the case of a certificate lost, it is proved to the satisfaction of the Registering Authority that all measures possible for tracing out the certificate have been exhausted; - in the cisc of a certificate destroyed, such authority is satisfied after due enquiry that the ceiificate had actually been destroyed; and in the case of mutilated certifidate, the owner delivers up such certificate to such authority.

- Every duplicate of the certificate shall on the face of it be stamped with the word 'duplicate' in red ink.

In the case of a certificate lost if, subsequent to the issue of a duplicate certificate, the oiiginal certificate is found, the later shall be delivered up to such authrity who shall take such action in respect of the original certificate as he deems fit. .

24. Transfer of v~ssel.—(l) -If a vessel is transferred to any person, whether resident within the State or not, the trinsferor and, the transferee shall make joint report of the transfer to the registering authority concerned within thirty days of such transfer along with a chalan receipt evidencing paymenrof fees specified in Schedule II, for such transfer: - -

Provided bhat no transfer shall be made to any person resident in another State or in any country outside India - without the previous approval of the-Govethment. . . ' :'. -' '9 2) The cer.tiflcate of registration in respect of the vessel shall also be surrendered along with such report to in sub-sectidn (I) in order that the partitulars of the transfer of the o*nership may be entered thereon.

. Mortgage of vessel.—(J) Instrument creating a ,mortgage of a vessel or a share tberein shall be in ). 19, Instrument deating a transfer of a mdttgage oi'a share' therein shall b& in Fdrm No. 20.

Inst?umeñt creating the discharge of mortgage shall be in Form No. 21 On production of the' instrument of mortgage or the instrument of discharge of such mortgage the rig authority shall record it on the book of registration to the effect that the Inland Vessel is mortgaged or, as thay.be, the Inland Vessel is discha?ged from the said mortgage.

It shall be competent for the registcringauthority to call for, and examine any such instrument and any aving custody, possession or control of the .instrument shall be bound to makea'ailable such instrument to such

PART Il ES 4 26 Fees payable —The fees payable under the ::E:hl be as specified in the Schedule I and Schedule II of,

1ihstrules.

'. 27.. Re-survey of the Vesiels.---Where a resurvey is necessitaled on account of any .-dfault, act or omission on the jjart of owner or master or any member of the crew the owner shall be liable to pay such fee asmay be payable for cA su4yey.

- , ' / j 28. Method of payment--Anj fee payable under the Act or. under these rules shall 'be paid by remittance into .1 ac4yenimnt,Treaury'to the credit of the Government under such head of d'ccount as the Government rnaS' specify fro4- time to time.

29. Refibid.—No, fee -paid under the Act or these Rules shall be refundable. .

PARTIV- - '9IJALJFICAI1ON, POWERS, FUNCTIONS AND DUTIES OF SIJIyEYOR AND REGISTERING AUTHORITY S - t4: 30. Qua! jflcation fat: appointment .as Chief Surveyor of vessels and Ills duties—(I) No person shall be appnted as survey or ufiless he possesses a basic degree in Marine Engineering or Ministry of Transport first class .:cert4icate of Director General of Shipping or a basic degree in Naval Architecture witfrfiftecn'years experience in sea , goi4 regular vesseTh/Classification Societies/Ship Building-yards/reputed International Shipping Corporations or State PortfJepartmenit. - • - (- (2) A Chief Surveyor shall discharge the following dutie; namely:- - 1 (a) receive aplications fo!: survey of vessels, and eonflnn that they are in oier; -

(b) fix the date and place of surve and conduct the survey as per rules;

- ' (c) verify and ensure that the vessels are constrücted as per the appréved drawings, General Arrangement f plans etc.:

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(d) deterniine whether the bull of the, vessel is in proper conditidn and fiçfor servij;

.1 (c) test the stability of the vessel sd as to ensure against capsizing under any conditions;

(fl ascertain that the machincry and machinery lyoul. propeller, shafting, geas and steering, pipe lines such as bilge and ballast, oil transfer etc.1 wheel häuse, ercw accomnthodationpassages, galleys, stores, •' -- sc'tice place etc., ventilatkn, change of air for engine room etc., life saving,' fire fighting, Light and sound signals3 Navigation and communication equipments -etc., are in order and that geneialiy the / - vessel is fully-equippe4 for (ho safety And convenience of passengers; - • - 4 -

(g) issue declaration of survey to the vessels surveyed by, 'him to the owner or master of the vessel; - • - - - (h) . give copies of documents on payment of fees specified in these mlesahd maintain accounts of all 4 dues connected with survey and miscellaneous receipts . - - 334763/201C/DTP. - ' - - - : -' - • • ' • . - - - - - - . - -- a. t • - 10

31. Qua iffication for appointment as Surveyor of vessels and his duties.—( I) A surveyor of vessels shall possesc a basic degree in Marine Engineering or Miiistr' of Transport first class certificate of Director General of Shipping or a basic degree in Naval Architecture with sevczj years experience either/or in sea going regular vessel;;,' Classification Societies/Ship Building yards/reiuted International Shipping Corporations or State Port Department.

(2) The surve'or shall be subordinate to the Chief surveyor add shall discharge the following functions and duties, namely:— - attend to the survey of vessel as per directions from the Chief surveyor;

maintain registers of vessels;

'(c) condact.surprise inspection as per statutory provisions onThoãrd vessels and verify the records to he maintained on board, validityof cre' 'certiiicpte, survey crtificate, LifcSavthg Appliances, Fire Fighting Appliances, navigation and communication equipment etc. lnease of default he shall detain the vessel and make necessary recommendations for suspension/baneellation of the certificate ef registration/survey to the competent authority. Such detention order shall be in Form No. 22.

32. Qualification for appointment as Registering Authority Qnd Iris ,dowers, functions and duties.--{) The Registering Authority shall jossess a basic degree in Marine Engineering or Ministry of Trinspprt first class certificate of Director General of Shipping or o basic degree in Naval Architecture with fifteen years. in experience either/or in sea going regular vessels/Classification Societies/Ship Building yards/reputed fnternationai Shipping Corporations/State Port Department or a certificate of competency as Master Mariner with fifteen years of experience.

-(2) The Registering Authority shall,— - - *(a) ensure that all documents as specified in Rule 15 are-received and are in order;

(b) conduct enquiry after, giving a notice to the applicant informing, the date and time of enquiry;

(c) For the purpose'of such enquiry the authority shall be competent to— inspect the vessel or any part thereof or any machinery thereon or any article therein relevant to the - purpose of such enquiry; - -call for any record from the.owncr or master of the vessel and examine it in o far &s such records are relevant for the purpose of such enquiry;

have such assistance has he Peems fit for the purpose of such inspection.

(d) issue certificate of registration and maintain all records related to registration of vessels;

(c) inspect any vessel under his jurisdietlon or get it inspected y an officer appointed on his behalf ;it ahy time and to suspend the registration, of the vessel if satisfied that she is not fit to ply in Inlani Watersç -

(1) cahcel certificate of registration after necessary fomalities, if found necessary; -

(g) issue duplicate copy of certificates issued by the authority.

CHAPTERIII INLAND VESSELS CREW, GRANT OF CERTIFICATE OF COMPETENCY AND CERTIFItATE OF SERVICE

33. Minimum crew/man)iing.—(l) Every vessel having passenger capacity of more than 25 numbers shill b, in charge bf a Master and also shall have a minimum oftwo Lascars possessing competency certificate issued as per these rules.

- (2) Every mechanically propelled vessel shall have on board the following crew when. proceed on any voyagt'.

namely:— - -

(i) For vessels h'aving inboard engines with 565BHP or more.— -

(a) One Master possessing a first class master's Certificate granted under the Act or mastcr'certificat 4 issued under Merchant' Shipping Act, 1958;

- (b) One Engineer possessing Engineer's Certificate granted under the Act;

(c) Two Lascars possesing competency certificate issued as per these niles.

- 1' •• .

- IS' 4, (ii) For vessels having inboard engines with 226BHP or more'but less than 565BHP,— , • (a) One Master possessing a second class master's Certificate -granted under the Act;

- (b) One Engineer possessing first .class Engine Drivers certificate issued under the Act or Engine 1 - Drivers cctificate, issued under.Merchadi Shipping Act, 1958:

- - (c) To Lascars possessing competency certificate'issucd as per these rules.

(iii) For vessels having inboard engines 'with 113BHP or more but less than 226BHP,— One Master possessing a serang certificate granted under the Act;, - One Engineer possessing second class Engine Drivers certificate issued under the Act;

' .

(c) One Lascar possessing competency certificat, issued as-per these rules.

(iv). For vessels having inboard engihes with less than I l3BHP—'

(a) OñeMaster possessing a serang certificate granted under the Act;

,,'- 0R •- One Master possessing competency certificate as Boat Serang issued under the Act.

/ (b) One Engineer possessing second class Engine Drivers Certificate issued under the At:

ORio • . " One Engine D'river possessing competency certificate as Boat Driver issued under the Act.

(c) One Lascar possessing competency certificate issued as per these rules. '

(3) For vessels having inboard engine less than 75 -BHP, one serang-cum-driver possessIng_both driver and serang certificate and one lascar.

. -- (4) For owner driven vescIs of less than 751314P, the owner may drive if h nosesscs a ombined driver-eumserang certificate.

(5) Any Vessels or class of vessels satisfying the requirements of the Traancore Public Canals and Public .4 Ferries Act of 1096, the Cochin Public Canals and Backwaters Navigation Act of 1092, the keel of,which is laid, under constructidn or constructed before the coming into force of these rules may be exempted-froni cothplianee 1 therewith of the prkvisions of this chapter for a period not exceeding one year from the dath of commencement of v-these rules for the purpose of compliance ,df the provisions of this chapter.'

4 34. Qualifications and age of applicant for Fit-st Class Master c Certificate of Co;npezincv.—(l) The -1 minimum qualifications to be rcquired of ar person desirous of obtaining-a first class Master's certificate of competency shall be as fdllows:— - - (i) A pass-in Xth. Sndard Exam and shall be able to rcad and write English and Malayalam; and .

(ii)' he shall be not be less than twenty fow years of age; and

(iii), he shall,— ' ' (a) have served as second class Master in charge of an inland vessel of not less than 260' BHP for, not . less than three years; or - - - • ' - ' ' • (b) while possessing a second class Master's certificate have served as second serang of an inland vessel' for not less than four years; or -: (c) hold a certificate of second mate, foreign-going or mate home trade granted under the Merchant - - Shipping Act. 1958 and have served as a mate of-,an inland- vessel for hot less thap one year; or have served not less than three years at sea and three years'as mate of an inland vessel; or'. - have served not less than six years as a tnate'of an. inland vessel.

I' (2) The applicant shall gatisfy the Examining Board 'of his ability to distinguish colours, unless already holds .i:a Bdard of Trade sea-goinj certificate as Mate or Mastei -: • •.) (3) - The applicant shall produce a medica certificate as to his phyical fitness in Form No. 33.

4 - I- -.- -. - - 12 -

(4) The applicant shall pdss a written examination and 'iva voce examination in the following subjec4s, namely:-- - - - (a) gârieral principles of navijation, in particular for riyer and backwate?.pavigaIion;

(b)" management of vesspll uflder all cont.ihgeneies of meeting, passing - and overtakinj vessels and the - Rule of the road; - C cc) questions regarding the exercise of seamanship in ease of difficultk and, danger cg. when a vessel has grounded when anchors and chains are carried out, when a-vessel has to be got afloat, when the hull i ' dthnaged r leaking or what steps to take in case of fire or other accidcnt to the vessel;

(d). provisions of the Inland Vessels Act 1917; Travancore Public Canals and Public Yerries Act, 1096! :

Cochfn Public Canals and Uackwthers Naygation Act, 1092, and the rules made thereunder and . NatiOnal Waterways R'egulations and Cocht Port Rules;

(e) tide tables, storth signals; 4Itd . . .

rn compass

35. QualiJIcition.jnd age of applicant for Second Class Master's Certjicaté.r(l) The minimuth qunlifications to be required of a person desirous of obtaining a second class Master's certificate of competency shall:

be asfccllows:—

(i) a pass in Xth Standard t,xanuntion and able to reid and write both English and Malayalani, • - (ii) he shall he not be ia5 than 22 years of age:

.• (iii) shall have served at least five years at sea or oil inland waters, the last three years of- hieh must . . have been as gerang in an inland vessel with a serang certificate 'granted under the Act.

- OR - • I. '. 4 shall have sivcd at least six years as a lascar/deck haid' in an inland vessel of not less than 22681W.

(2) The applicant shall satisfy the EaminingBoard of his ability to distinguish célours, unless ah-eady' holds i Board of Trade eatgoing certificate as Mate or Master:

• - () The.applicant shall prodice a itedical certificate as to his physical fitness.in ForM Nd. 33. .

• (4) The applicant shall pass a wriit;n examimation and viVa yoce examination in the following subjects namely,—

(a) general prncipks of navigation, in particular for river and backwater navigatioii;

- (b) management of vessels under all contingencies of rneetint, passing and overtaking 'yesseis and the.

Rule of The road;

qtietions regarding the :execcis of seamanship in case of difficulty and danger cg when a vessel kar graurded when anchors and chains,?re carried out. when a vessel has to be goi'afloat, when-the hull i damaged or lcakin .or;what steps to take in ease of fire or other accident to the vessel;

-'I- provisions otthe Inland Vegsels Act 1917, Travancore Public Canals and Public Ferries Act, 1096 .

--Cocljin Public Canals and-- Backwatem Navigation Act, 1092, and the rules made thereunder. National waterway regulations and Cochin Port Rules: ,• . .. • . /

(e) tide'tables, storm signals; and compass.

36. Qualifications and age of applicant frr Serangs Certificate of conipeteucv.—(l) The minimum. :

qualification to he required of i person desi us of obtaining a Serang a certificate of competcnev shall be as follows:—

(i) a pass in Xth Standard Exa.nmation and shall be able in ead and write both Engithh and Malava'lam - ' (This is not applicable to those holdihg a certificate of service a Boat Maslcr and Boat serang issued - - , in lieu of the certificate of competency as MasS and Seraug unUer fhe'Jravancore -Public Canals and .

Public Ferries Act. 1096 ad the Coehin Public 6anals and Bickwaters Navigation'Act, 1092 grante4 to those persons.)

(ii) he shall be not less than twentypne years cC age.' • - - - --'Cs --H H. ,

13.

shall have served at least two years at 4ca or inlaid waters, on vessels of engine with not less than 113 HHP the last year oftwhich iust have been on an inland' vessel as eithe(a helmsman or deck hand/lascar.

shall be able to swim and dive in canals and back waters. - ..- 4 -

(2) The applicant shall produce a medical certificate as to his physical fitness in Form No. 33.

- 4 (3) The applicant shall produce testimonials of sobriety and intelligence.

(4) The applicant shall pass .a viva voce examination, in the following subjects namely:- 4 (a) the general principles of navigation, in particular for dvci and backwater navigation; - I (b) the management of vessels under all contingencies of mceting. passing and overtaking vessels and the Rules of-the road: .

- () •questions regarding the cxercise'of seamanship in case of difficulty and dangei eg : when a vessel has grounded when anchors and chains arc carried out, when a vessel has to be got afloat, when the hull is damaged or lpaking or what steps to be taken in case of fire or other accident to the vessel; - .(d) the provisions of the Inland Vessels Act 1917Travaneore Public Canals and Public Ferries Act, Cochin Public Canals and Backwaters Navigatio'h Act- and the rules made thereunder, National Waterway Regulations and. Cc,chin Port Rules; - I

(e) tide tables, storm signals; and .

- (O compass..

1 (5) The existing competency certificate issued under the travaI,core Public Canals and Public Ferries Act.

ft 1094E, The Cochin Public Canals and Backwaters Navigation Act, I092ME, The Madras Act 11 of 1890 as master/, rw eran hall be renewed as boat masterfboat serang cehificate issued under these rules within a period of six months from the date of commencement of these rules.

. (6) Notwithstand anything contained in the above sub rules, the persons holding probatipnary licence for 11ast4 or Serang issued under the Canals and Ferries Mts, piior to the commencement of these rules may appear for "the e*aminatibn for the Boat serang certificate of competency within a period of two years from the date of comnncement of these rules if they have iwoyears servicc in an .inland vessel and on passing of the examination ey all be..issued a certificate of competency s Boat serang.

137. Qua4fications for a /ascar.—The Qualification for alascar shall be:- 1 (1) a pass in VIIIth Standard E*amination and shall be able to read and write English and Malayalarn

Provided that this clause shall not apply to the rcnewal of the existing competency certificate.

. (2) He shall be not less than eighteen years of age. .

k (3) He shall produce suffiCient evidence of sobriety and intelligence, . (4) . He shall hive served one year as pole man/helper in any toüntry craft or other vessels. - 3 (5) He shall exhIbit his ability to swim and dive in canals and bachvaters. .

a (6) 'He shall produce a medical certificate as to his physical fitfless in Form No; 33.

V (7) He shall pass viva voce examination in the following namely:—

(a) colour test;

(b) the use of navigation lights andl how to act when they are seen in different directions:

I

(c) the rules regprding sound signals to give indications to othervessels as to the position of the --1 helm;etc.;

. (d) use of life saving arid fire fighting appliances; - 4 (e) the manag&ment of small inland vessels in all conditions.

j (8) 4j'he existing competency certificate issued under the Travancore Public Canals and Public Ferries Act :1,696 f.4E, the Cochin Public Canals and Backwaters Navigation Act, 1092 ME, the Madras Canals and Public Ferries 4ct 490 ( Act II of 1890) as Lascar shall be liable to be renewed as Lascar certificate issued under these rules, with in a triod of six months from the date of commencement of these rules.

t QI4#yr-,Inn1n!flTo -. - - - -A 0• : .14

38. Qiealifiations and age for obtaining Engineer's cerif/itate of cothpelency.—(1) The qualificatiq?- required of a person-desirous of obtaining an Engineer's Certificate of competency shall be as follows:—

(i) a pass in 111 cèrtificite for diesel mechanic/motor mechanic; .

(ii) must have served as an apprentice• Engineer for-two 'tars; .

(iii) must have-served •fout.yearN with a first class engine dri'ers certificate granted under the 'Act rnj.

chrge of the engines of a veset having not less than 226 BHP or two $'ears. in vessels of not - • than 565BHP; .. . . .. -

(it) sh&l be able to explain the actual working of engines and the separate uses of the feed pumps, pistons, and other appliances;

J.

- (v) shall be able to show how he would act iii case of the break-dbwn of any portion of the.inachiety?

etc.

(vi) shall be not less than twenty two years of age p The applicant shall produce a medical certificate as to his4physical fitness in Form No. 33. -2 The applicant shall pass a written and viva voce examination to-satis Y that, - - - (a) he flilly understands the working and management of motor engines- and separate use of magnet, - - carburetots, water circulating and oil pumps, sparking 'plugs, etc.

-

(b). he is able to dismantle motor engines and âhy accessory part of them detecting excessie .wcar'6r :

other defects and re-assemble their parts in correct order;

- (c) he is able-to detect what is wroAg in the event of the engine failing. to start up or any accessory $' . to perform its.proper function;

.

(d) he is able to show how he would act in case of breakdown of any portiOn of the thachinery; ' -(e) he is able to show thathe ftilly realises. die danger of fire and understands the precñutions - to prevent it and what-to do when a fire actually breaks, out; ----- . •. - <0, he is having thorough knowledge of auxiliary machineries, inskumcnts,- hull potectiôn, refrigdatioii'f*.

.etc. , . - 9 Qualification for Fusi Class Engine Diner—(I) The qualification required of a person desirou obtaining a First. Class Engine Driver's Certificate of cOrnpciency shall be as follows:— '(i) he must have passed In examination for diesel mechanicltnotor mechanic; ' -- - (ii) he must possess a 'second clasi engine drivers certificate granted under the Act and have served - n:'

less than one year as engine driver on regular t'atch on the main' engines of a- vessel not less thaa, 565 BHP or must have served for i period nol -less than 2 ypars as 2nddriver - with second cJa'$s\' engine driver, certificate issued under the Act, in charge of any vessel (ifliot less than 226 BHP;, -' h (i) he must have served for a period of not less,than 18 months with a second tlass engine dr'er's4' certificate granted under 'the Inland Vessels Act, as driver in charge of the engine of an inland veàeli .'ofnot'less than 113 BHP;

.-

(iv) he shall be able to explain the actual working of engines and the separate qses of the feed pumps,( ' • pistons and 'other appliances;

(v) lie shall be able to show how he would act in case of the break down of any portion of the machinery, etc.;

- (vi) be shall be not less th'n ty.'enty two yearsrof age. - ' • -.

The applicant shall produce a medic'al -certificate as to his physical fitness in Form No. 33. , - • " ,.

.The applicant shall pass a written -examination and vi.'a voce to satisfy that. ' - • - -(a) he filly undcrstInds the working and management of motor engines and separate us'& of magnet . carburetors, water circulaing and oil pumps, sparkthj plugs, etc., and that he is able; to some extent; 'ij to explain their actual means of operation;

. b) he is able to -dismantle motor engines and any accessory part of them detecting excessive wéardr, other defects and reassemble their parts in correct order, - 15

(c) he is able to detect what is wrong in the event of the engine failing to grant up or any Accessory part to perform- its proper function;

he is able to show how he s'ould act in case of breakdown of any pbrtion of the machinery;

he is able to show that he fully relizes the danger of fire and understands the precaution necessary to prevent it and what to do When a fire actually breaks out; - - - (1) he has thorough knowledge of auxiliary machineries, instruments, hull ptotection, refrigeration etc.

-f 40. Qualification for Second class Engine Driver—(1) The qualification required of a4erson desirous of o4aining a second class Engine Driver's Certificate of qompetency shall be as follows - (i) he must have passed ITI course for diesel mechaniclmotormechaniç - - ' - (ii) he must have srved for one-year as a serang/lascar/greasçr -of'ih Inland Vessel of not less than.

- 113BHP; - - - - -- - 4 -a OR he must have served for not less than two years as an apprentice in the making, fitting or repiiring of IC engines and in addition; he must Wave served.for six months in the engine, room of an Inland - Vssehof nOt fdss than 226 BHP o twelve months in a vessel with engines of not less than 113 BHP;

- '(iii). he shall be. not less than twenty two years of age.

The applicant shall produce a' medical certificate as'to his physical fitness in Form No.33.

The applicant shall pass a written examination and viva voce to satisfy that:— - •he fully understands the working and management of motorengines and separate use of magnetos;

carburetors, watcrcirculatiiug and oil pumps, sparking plugs, etc., and that he is able to some extent, to explain Their actual means of operation;

he is able to dismantle motor' engines and any àc.essory part o'f them detect ing exceüive wear or • - - - - - other defects and reassemble the parts in proper order;

-

(c) he is able to detect what is wrong in the event .of the engine failing to start up or any, accessory part to perform its proper function, - - (d) he is able to show how he would act in case of breakdown of any portion of the machinery;

-, - (c) he is abit to show that he fully realises the danger of fire and undertands the j,recai.tions - - necessary to prevent it and what to do, when a fire actually breaks out;- - - - - - -. (f) he has thorough knowledge of-auxiliary machineries, 'instruments, hull protection, refrigeration etc.

the existing competdney certificate issued under the Travancote -Public canals and Public Ferries Act, - 106ME, The Cochin Public Canals and Backwaters Navigation Act, 1092-ME, The Madras Act II of 1890 as Driver sh.$l be renewed as .I3oat Driver certificate under the Act within a period of six month from the commencement of - th$e mles;'

Notwithstanding 'anything dontain6d in sub-rulds (I) to (4), persons holding probationary, licence as Driver - -. is4d under the Canals and Ferries Acts prior to commencement-- of these rules may appear for the examination for the Bokt driver certificate of competency within a period of two years from the commencement of these rules provided they - ha* two years service in an inland vessel as a helper.

. - 41. - certuicate of Competency as Serang-cum-Driver.-(l) A ea'ididate not -below the ge of twenty-two and .'- derous of obtaining a certificate of competency as serang-curn-driver in order to -be eligible' to man a mechanically pr4pelled vessel with engine 4 less than 75 BHP shall submit the application in: Form No.23 with documeiit-s - evencing the remittance of the requfred fee as per Schedule-i!!.

(2) The competent authority May isue a combined Certificate of Competency as Serang-cum-Driver in rorm - - N61,24 to persons who will he eligible, to operate their own vessel's of less than 75 BHP, subject to passing of a test -co4sisting of subject areas given in rule 44(3) and practical test of boat handling.

- - 42. Appointment of exam thers fo)' issuing coth,,etency certificates, as Masters, Serangs, Engineers. Engine - - drkers and L-ascars.----The State Government shall appoint-duly quaBfied examiners for, the urpose of examining the qu4iflcations of persons, desirous of obtaining certificates of competency'to the effect-that they are competent to act -as +nasters G serangs or as engine-drivers, as: the case.may be, on board inland vessels -. - - - - - - - - 16 43 Grant of Masten Seratigs Engineers Engine Drivers and Lascars certificate of competency —

(1) Every application for grant brcertincate of cQmpeteflcy is to be made in Form No. 25. ' *

(2) Every Certificate of competency granted, under these rules shall be issued inform No: 26.

44. Grant of certificate of service as Serang/Second class engine driver.—(l) The State Government may grant to any person cvho has served- as a Master, Serang, Engine Driver, or as a Lascar of a vessel for a period of not less than 2 years before the date of coming into force of these rules and holding certificate of competency as .Master Serang, Driver or Lascar issued- under the Travancore Pujilic Canals and Public Ferries Act; 1096 .orCochin Phbth5 .Canals and Backwatës Navigation Act of 1092, a certificate (hereinafter called a teitificatc of service).t6 the effett that he is by reason of his having so served, and having qualified in 'the viva voce is competent to act as a Serang or- ,Second Class Engine driver, as the case may be on board an Inland Vessel undci these Rules. .

(2) All applications for grant of Certificate of Service are to be -made in F&'in No.. 27.-

(3) The exathiner will conduct a viva voce before recommending issue of the certificate of service by the competent authbritS' in the following subjects: , knowledge of Inland Vessel Act, 1917 and Rules made thereunder;'

navigation safety and Rule of the road in inland waters;

provisions and operations of Lite Saving Appliances/Fire Fightirig Appliances; - -, - stability of vessel, general principles 'of navigation;

propulsion Machinery/Preventive maintenance.

(4) • certificate of service so gtaiited shall have the same effect as a certificate of,competency granted under these Rules. Certificate of Service shall be issued in Form No. 28. . .

45. . Certificate of service for" Ex Army/Navy/Coast guard pfrrsOthek—(1) The competent authOrity may, grant,.

to any prson who has served in the Army/Navy/Coast Guard in the capacity of a- Master/ SerangfEngineer or as an Engine Driver of a vessel for a period of not less than three years and holding an experience certificate from the -:

concerned department, a certificate of service as Master/Sèrang/Engineer or as EnginelDhver, as the case may be;

without an examination, . . .. . . - An application for issue of the certificate is to be made in Form No. 29.

The candidates shall be medically fit and under 65 years of ace.

A certificate of service sogranted shall have the same effect as acertificate of competency granted Onder -- these Rules. A certificate of Service so issued shall be issued in Form No. 30.

'

46. Grant of certificate, of coTpetency without examinalion.—(l) in accordance with the provisions of Sec'tion' 28 of the Act, the competent authority may issue- certificate ot competeticy 'as Master/Serang/EngineerfEngine J5river ,under the Act to any person without examinahion whether that person possesses:— .

-'

(a) Masters Certificate issued under the Merchant Shipping Act, 1958.

(b) Engineers or Engine Driver's certificate granted under the Merchant Shipping Act, .1958.

(2) An application for issue of the certificate is to'be made in Form No, 31.

The candidates shall be medically fit and under 65 years of age. . .

(4) 'A certificate of competency so issued shall betin Form. No. 32 and the oertificate. granted under sub- - section (1) shall have the same etfect as a certificate of cbmpetency granted under these Rules after examination.

47. Power of tlzecompetent authority to suspend or cancel certificates in certain cases.—(l) Any certificate :- granted 'under th&ge Rules may be suspendPd or cancelled by the competent authority; -

(a) if the wreck or abandonment of, or* loss or 'damage to, ahy vessel or loss of life has been caused'by - the wrongful act or default of the holder of suth certificate,- èr if the holer or such certificate is incompetent or has been -guilty of any gross act of diunkenness, tyranny or 'other misconduct; or if the holder of suchcertificate is proved to have been'convicted of any non-bailable offence; or - - if in the case of-person holding a certificate of competency or service, such persori is, or has - become, in the opinion of the prescribed authority, unfit to act as master, scrang, engine driver or as alascar as the case may be, 17

(2) The competent authority may at any time revoke an order of suspension or cancellation made.under.

sub-section (1), or grant a new certificate without an examination to any person whose certificate was so cancelled.

,48. Obligation to deliver susfiende,d or cancelled ceriJIcate.—'E very certificate of survey which has expired or which has been suspended or cancelled and every certificate of competency or service which has been suspended'or cancelled under the i-ule shall be delivered up by the thvner, Master, Serang, Engine-driver or. a Lascar, as the case may be, to the competent authàrity or to tiny officer empowered by him in this behalf.

49. Thne and place of Examindtion.—Exaniination for Master's, Serang's, Engineer's, Engine' Driver's dud Lacar's certificates of competency shall ordinarily, provided there is any candidate for examination, beheld once insix months at Alappuzha, Kol!am; Kochi, Kozhikode, and Kannur. The date and place of examination th'all be duly notified to the candidates applying for the examination and shall be published in the Government Gazette by the competent officer to vhom.appIication shall be made.

50. Pee for examination.—The fee for examination of a Master's, Serang's, Engineer's, Engine Driver's or Lascar's certificates shall 'be as specified in Schedule—Ill and shall be paid by the candidate .in advance while submitting his application for examination together with testimonials as to the qualifications as required in the foregoing rules.

51. Repayment of examination fee—If the candidate's service is insufficient or f his testimonials do not in other !espU fulfill the requirements of the rules, no part of the fee shall be returned but if he should within two. years of his. first -application 'comply with the requirements of the rules, he shall be examined without payment of an -, 'additional fee.

52. Period of Validity of Ccvi Wcate.—(l) The validity of the competency certificate issued for the first time to the candidates who pass the Muter's, Serang's, Engineer's, Engine Driver's or La*car's examination shall be for a period of five years from the dafe of issue of such certiticates after which it shall be res'alidated by thecompetent officer.

Such renewal will be effected only on production of Medial'Fitness Certifcate in FoYm No. 33. Certificate of service shall be issued for a period of/lye year.

Master's, Engineers, Engine Driver's, Serang's and Lascar's Certificates M competency and certificate of service shall be renewed for five years at a Lime on expiry of the period of their validity.

Ajplications for renewal shdll be made to the competent officer, with the original certificate and chalan -.

receipt for the remittance of the fee presciibed in-Schedule 1.11 to the rules at least fifteen days before the expiry of'the period of validity of the certificate;

Any certificate not so renewed shall be invalid. A lapsed certificate may be renewed only on payment of the enhanced fee specified in Schedule III to-the rules and on production of satisiActory evidence that the holder' of the certificate was on sufficient tause jrevented from appl'ing for the renewal in pr8per time.

No certificate produced for renewal aftçr a period of three yeIrs from the date of expiry of its validity shall, however be renewed. An application for renewal received àftet this time limit shall, unless there be anything repugnant to the rules in force be treated as an application for a new certificate and the candidate shall be asked to undergo all the formalities required for' the. grant of a new competency certificate. -

53. Temporaty Ce,', yicate.—lf the original of a,certiflcate be 'lost or spoiled a copy thereof shall be issued by the competent officer on receipt of an application, with the fee fixed in Schedule I, and one coj,y of the hpplicariVs photo. If there is any delay in issuing the copy of the certificate, the competent offibers shall issue a temporary certificate valid for one month only to enable the applicant to continue in employment during the period between the loss of certificate and the issue of the copy of the certificate,

54. Duties of the Competent Authority—It shall be the duties of the compceht authority— (I) to approve and promulgate the syllabus and course duration for all categoties a of Inland Water Transpoi't crew.

(2) to arrange for organized onboard and campus training for the Inland Water Transport crew and to approve.

- appropriate institutions for conducting such training as per Governmentnotifled guidelines.

- (3) in select and nOminate qualified professionals' for conduct of examinations for various examination centers - - - in, the State. - - -. - to issue certificate of competency,- cdrtificate of service and licences as per the 'provisions of the Act.

to arrange for traffic control, search and rescue ad pollution control. - 33/1 7631201 OIDTP.

1 18

55. QuaJflcation & Duties of the Chief Examinerinland Water Transj,or:,—(l) The Chief Examiner shall have minimum, a basic degree in Marine Erigineeri,ng or Ministry of Transport first class certificate of Director General of Shipping with fifteen years of eperience either in sea g,oing regular vessels or certificate of competency with Mastet sea going with flftcn years of experience.

(2) It shall be the duties of the Chief Examiner. ' to prepare the syllabus for examination for all categories of Inland Wafdr Transport crew for approval by the competent officer;'

to notify the places and date of examination and proper conduct of examination;

to process applicatidn for issue of certificates -and,issue of certificate with the approval of the competent officer;

to issue Duplicate certificate and copy of the certificates as provided in the' Act;

to maintain the books and records as required by the Act:

to assess and notify the additional requirethent of crew for safety of passengers and cargo.

CHAPTER IV LIGHTS, SOUND SIGNALS AND PREVENTION OF COLLISION

PART I STEERING AND SAILING

56. Look-OuL—(l) Every vessel shall maintain a proper look-out by sight and hearing to make a full appraisal of the situation and of the risk of collision. -

(2) Every vessel shall make use of searchlights to locaie luminous marks used for channel marking.

57.. Safe' Speed.—) Every vessel shall at all times proceed at a safe speed so that she can take proper and effective action to avoid collision and grounding, and be stopped within a distance appropriate to the prevailing circumstances and conditions.

(2) In determining .a safe speed as provided in sub-iection 6 (1) the following factors shall be taken into account namely:— , the state of visibility;

the traffic density including concentrations of fishing vessel or ' other vessels;

the maneuverability of the vessel with special reference to stopping distance and turning ability in the 'prevailing conditions; . .

(ci) the state of the river, wi'nd, current and the proximity of navigational hazards;

(e).' state and availability of shore navigational aids and chitnnel- markinç by day and night;

) speed restrictions imposed by the waterway authority;

the draught of the vessel in relation 'to available depth of water; and the presence-of background light such as from the 'shore lights or from the back scatter other own lights during nigMt.

I

58. Risk of collision.—(]) Every vessel shall use all available means appropriate to the prevailing circumstance and conditions to detetmine if risk of collision exists and 'there is any doubt' about such risk it shall be deemed to exist.

(2) In déteimining - the existence of 'risk of collision the folloing factors shall be taken into account;

Such risk shall be deemed to exist if a compass bearing, of an approaching vessel does not appreciaby change and apparent distance from own vessel decreases;

Such risk may exist even when an appreciable bearing change is evident, particularly when approaching a very large 'vessel- or a 10w or when approaching a vessel at close r?nge; and .For vessel 'not fitted with a cogipass, if the relative position rervains unchanged.

V t 4 ' - 19

59. Action to avoid collision.—( I) Any action taken to avoid collision shall, if the circumsiances of the' case -anit, be positive, made in affiple 'ime and with due regard to the obser'ance of good seamai1ship.

Any alteration of course or speed to aioid collision shall, if the circumstances of the case admit be large e4igh to be readily apparent to anoth6' vessel. A succession of small alterations of course and/or 'speed shall be aided.

Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance a4 the effectiveness of the action shall be careftillychecked until the other vessel is finally passed and cleat If necessa, to avoid collision orllow more time to assess the siation, a vessel shall slacken her sped orjtake the way 6ff by stoppjng or reversiag her nians of propulsion.. .

-60. Vesse!s proceeding ihrough Narrow channels.—(l) A vessel proceeding along the coure of 'a narrow chinnel shall keep as near'to the outer limit of the channel which lies on her starboard side as is safe and practicable.

A essel of less than 10 meters in lengilt or a sailing vessel shall not impede the -passage of a vessel which can saicly nagate only within the marked 'channel.

Avesel engaged in fishing shall not impede the passage of any other vessel irithe, navigable 'channel.

. (3) A vessel shall not cross a navigable channel if such crossing impedes the passage of vessel proceeding - .üpIrcam or downstream along the navigable channel.

In a narrow channel when over taking can take place only if the vessel to be overtaken has in take action toliennit safe passing, the vessel intending to overtake shall indicate her intention by sounding the appropriate signals -- prdtrided in clauses and sub-rule 2 .of ml 85(a) and (b). The vessel to be overtaken shall if in consent, sound appropriate 7 si4'als.provided 'in clause (c) of sub-rule (2) of nile 85 and take action to permit safe passing. If in doubt she tay . so4d the signal prescribed in sub-rule (3) of rule 85. This provision is not in çlerogatioñ of the provisions in rule 64.

(5) A vessel nearing, a bend or an .area of a narrow channel wkiere other vessels m;y be obscured by an intèvening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal t, pr4crieci in sub-rule (4) of rule 85.

(6j Every'ves'sel shall, if the circumstances of the case admit, avoid anchoring in 1 4 narrow channel.

f 61. Single lane traffic. Wheq.singl'c lane traffic is'in force, vessels shall join the lane only when the traffic sig4al permits to do so. While in the lane, thévessels shall proceed with maximum permissible speed and clear the '- ch4ne as quickly as possible. Vessels shall not stop or anchor in a traffic lane and shall exercise caution while joining' or leaving the 9Jngle lane to avoi4 collision with waiting vessels at anchor. ' PARTIE CONDUCT OF VESSELS IN SIGHT OF ONE ANOTHER - 62. Sailing vessels.—When two sailing vessels are in sight of one another or approaching one another so as to inv4kve risk of collision,,one of them shall keep out 61 the way of the other as follows:—r- 4 (1) in a 'non tidal nver when one vessel is proceeding lapstreàm and the other .yessel proceeding downtieam the'essel proeeding upstrehm shall keep out of.the way of the other.

- - . (2) when both iire proceeding; upstream or downstream and in a tidal laocm the vessel which is to windward shall keep out of the w1iy of the vessel which ii to leeward.

l on

(3) a vessel which is running free shall keep out of Th way of a vessel which is close-hauled and

(4) a vessel which is close-hauled on the port tack'shail keep out of the way of a vessel, which is close-hauled ic starboard tack.

j. (5) For the purposes of this'rult,'tupstream' means the direction against current j downstream mpans the dir4tion with the current and "Wind ward" side. means the 'side opposite to that of which the main sail or the largest forej'and aft sail is Carried.

4-- - 20 - 63. Overtoking.—(1) Notwithstanding anything contathed in these rules a vessel overtaking another vessel shall keep out of the way of the vessel being overtaken.

.A vessel shall be deemed to be.overtaking when coming up with another vessel from a dirçction more than 22.5 degrees abaft her beam. In such a position with reference to the vessel she is overtaking, that at night she would be able to see only the stern lightltowing light of that vessel but neither of her sidelights and / Any subsequent altention of bearing be.veen two vessels shall hot make the overtaking vessel a crossing vessel within the meaning of these rules or relieve her the duty of keeping clear of the overtaken vessel until she is finally passethan4 cleared. -

64. Head-on ,situation.—\Vhen two mechanically propelled vessels are meeting on reciprocal or nearlS' reciprocal courses so as to involve risk of collision each shall alter her course to starboard so that each shall pass on the port side of the Other.

65. Crossing sitvation.—When two mechanically propelled vessels are crossing to involve risk of collision, the vessel which has the other on her o.wri starboard side shall keep out of the way and shall, if the circumstances of the case admit avoid crossing ahead of the other vessel. -

66. Action by give-way vessel.-Evety veêsel which is directed by thçse rules to keep oui of the way of another vessel shall, so far as possibl, take early and substantial action to keep way clear.

67. Action by stand-on-vessel.--(1) (a) where bS' any of these rules one of two vessels is to keep out of the + way, the other shall keep her course and spepd: . I

(b) the lattet vessel may however take action to avoid collision by her maneuver alone, as soon as it becomes apparent to her that the vessel required to keep out of the way is not taking appropriate action as required by these rules.

*hen from any -cause, the vessel required' to keep her course and speed finds herself so close that collision cannot be avbided by the action of the giveway vessel alone, she shall take such action as will best aid to avoid collision.

a vessel which takes action in a 'crossing simatiqn in accordance with sub-rule (b) of this ruse to avoid collision with another vessel, shall, if the circumstances of the case idmit, not alter course to port for a vessel on her Own port side and - (4) the proviion in the above sub-rule does not relieve the give-way vessel of her obligation to keep out of the ay.

68. Respo,sibilities of (between) vessels—Except where rules 62 and 65 otllerwise rëuire:

(I) a mechanically propelled vessel -underway shall keep out of the way of— a vessel not under command; .

a vessel restricted in her ability to maneuver;

(e) a vessel engaged in fishing;

a sailing vessel, vessel under oafs or country boat; and a vessel proceeding downstream by a vessel proceeding upstream, if the prevailing circumstances permit.

(ii). A sailing vessel under way shall keep out of the way of;

a vessel ,nOt under Oommand; - a vessel restricted in her ability to maneuver; and - a vessel engaged - in fishing.

(iii) A vessel engiged in fishing when underway shall, so far as possible, keep out of the way of, a vessel not uner commmd; and a vessel restricted in her ability to maneuver.

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PART ill CONDUCT OF VESSELS IN RESTRICTED vlsrBtrry

69. - Vessels not in sight of one andth6.--Every vessels not in sight of one another when navigating in or near an area of restricted visibility shall comply the following: - - they shall make appropriate sound signals in accordance with Rules and exhibit lights white navigating in restricted visibility;

they shall proceedat a safe speed'adapted-to the prevailing circumstances and conditions Q.f m restricted visibility. A ephanically propelled- vessel shall have her engines ready for immediate maneuver; - - they shall have due regard to the prevailing circumstances and conditions of restricted visibility;

except where it has been determined that risk of collision does not exist, every vessel which hears apparently forward oJ her beam the fog sighal at another vessel or which cannot avoid a closequarters situation with another vessel forward of her beam, shat. reduce her speed, she shall, if necessary take all her-way off and in any event navigable with extrem& caution until danger of collision is over.

70. Lights & Shopes.-r-(i) Provisions in this Rule shall be complied with in aliweathers.

The provisions in these rules regarding-lights shall be complied with from sunset to sunrise, and during such times no other lights shall be exhibited, except such lights as cannot be mist*eñ for the lights specified in these rules, do not impair their visibility.or distinctive character, or interfere with the keeping of a proper-look-out.

The lights prescribed by these rules shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.

The rules concerning shapes shal be complied with by day.

The lights and shapes unless otherwise specified in these rules shall comply with the positioning and technical details as per theprovisions of Annex-I to International Regulations for prevention of collision at sea (1972).

71. Different. Lights to be used in vessels.—The different kinds of lights that shall be used in a vessel are specified below:

"masthead light"---i white light placed over the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel. This light shall be placed as far as practicable at height above the hull of not less than 3 meters for vessels of 20 meters or more in length and 2 meters for *vessels of less than 20 meters in length.

"sidelights"—a green light on the starboard side and a red light on theport side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22 degrees abaft the beam bn i'ts -respective side. In a vessel of less -than 20 meters in length the sidelights may be combined in one lantern carried the fore and aft centerline of the vessel. Side lights shall be placed not less than I meter.bçlow the mast head light.

"stem light"—a white light placed as nearly as practicable at the stem showing an unbroken light over an arc of the horizon of 135 degree and so fixed as to show the light 67.5 degrees from light aft on each side of the vessel.

"towing light"—an yelloe light having the same characters as "Stem light" mentioned in sub-section (3) of this rule. - - - "all-round light"—a light showing an unbroken light over an arc of the horizon of 360 degrees.

"flashing light"—'-a light flashing at regulhr ithervals.

72. Visibility of kights.—The lights required to be provided in a vessel, by these rules shall be visible at the Tollowing minimum ranges:

(I) A vessel of 20 meters or more in length, mast head light-3 miles, Side lights-'-2 miles, Stern light-2 miles, Towing light-2 miles, all-round light--I mile.

(2) A vessel less than 20 meters in length, a mast held light---2 miles side light—I mile. Stern light—I' mile, towing light—I mile, 'white, red, green or yellow all-round light—I mile.

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73., Lights to be exhibited bv?a vessel under-way.— (1) A vessel under-way shall exhibit the following, namely:

a mast head light forward;

side lights:

a stem light.

- (2). A vessel of less than 10 meters in length shall exhibit an all-round white light in-lieu of the lights prescribed in sub rule (I) and shall if pradieabie also exhibit sidd lights or a combined lantern.

74. Lights to be exhibited by towing .and aushing vrssels._.(l) A vessel when towing or pushing shall exhibit the follo'ing, namely:— . two mast head lights fbiward in a vertical line when the lengtki of the tow exoeeds 200 meters three such light shall be in a ertieal line. These lights 3iill be ip-lieu of the lights prescribed in sub rule (I) of rUle 74. The lights shall be placed not less than 1 meter apart and the lowcs-t light placed at a - height not less than-two meters above the hull;

side lights;

a stem light a towing light in a vertical line abov.e the stem light.

p.

When a pushing vessel,and a vessel being pushed ahcad are connected in •a composite unit, they shall be regarded as a- mechanically Propelled vessel and exhibit the lights provided rule 74.

A vessel or object being towed shall exhibit:. .• A

(a) side lights;

(b) a'stem light;

Provided that any number - of vessels being towed or pushed in a group shall be trpated as one vessel.

- (4) A vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end, side lights.

. A vessel being towed.aside shall exhibit a stem light.at the forward end side lights.

Where, from any sufficient eauseç it is impracticable for vessel or object being towed to exhibit the lights prescribed in this rule, all possiSle measures shall be taken to light the vessel or the object towed at leat to indicate the presence of unlighted vessel or object. .' .

.

75. Lights to be exhibited by sailing vessel and vessels under, oars.—(l)' A sailing vessel shall exhibit • side lights ,and a stem light: . . . . .

Provided that in a sailing vessel of less than 20 meters in length, the lights specified in sub rule (I) may be combined in one lantern carried at or near the top- of the mast where it tan be seen.

A sailing vessel undenvay may in addition to the lights specified in sub rule (I), exhibit at or near the top of the mast where they can best be seen, two all-round lights in a vertical line, the upper being red and lower green.

A sailing vessel of less than 10 meters in length and a vessel under oars mhy exhibit lights &pecified in this l3llc, but if does not exhibit, such vessel shall have an electric- torch or lighied lantern showing white light which shall - be exhibited in sufficicnt time to prevent collision.

76. Lights to be exhibited by fishing vessel.&—(l) A vessel engoged in fishing shall exhibit:.

-:

(a) two all-round lights in a vertical line the upper being red' and the lower white and duuing day a shape - . consisting of two cones with their apexes together in a vertical line or a basket;

- (b) side lights, and a stem light when making way through the water in addition to the lights -prescribed -- in (a).

(2) A vessel of less than lOm. in length, a Yessel under, oars May exhibit lantern and shall have an electric torch which shall be exhibited in sufficient time to prevent collision. - - -. - '23'

77.. Lijhts to be exhibited by vessels n:ot under command or ystricted'in their ability to maneuver—(l) A 'ssél not under command shall exhibit:

(a) two all-round red lights in a vertical line where they can best be seen by night, ' (b) two balls or similar shapes in a vertical line by, da)ç -(c) sid1ights and a stem light in add ipn to the lights speóièd th clause (k) ahovc when making way through the water;

(2) A vessel restricted in her ability to nneuver ?hall exhibit three all-round lights in a'vçrtical line, the highest and loweit of these shall be red and 'the middle light shall be white, three shapes in a vertical line the highest and '1oest shaps shaU be balls and the middle dne. a diamond;

- (c) mast head lights, side lights and stem 'light in addition to the lights specified in (a) when making way through the water.'

r.". JVbte:—Whcn at anchor, in. addition 'to Thp lights and shapes specified in (a) and (b above, lights And' shapes cified in rule 80 -for, anchored. vessels 'shall also be exhibited. . .

78. Lights to be exhibited by vessels engaged in dredging—A vessel engaged in dredgin%, in addition 'tp the J ht in sub4rule (2) of Rule77 shall exhibit two all-round red lights or, two balls in -a vertical line to indicatCthe side which obstruction, exists.

- 79. Lights to he exhibited by pilot yesse!s.—A vessel engaged on pilotage duty shall exhibit:

(I) at'or near the mast head two all-round lights in vertical line the u;per one ¶vhite and the lower one red

(2) - in addition to the lights specified at sub rule (I) side light-and stem ligh4, when under way.

- 80 !L'ghts to be exhibited by anchored vessels and vessels aground— A vessel at an'anchor shallexhibiç—.. •' , - . . . - - .

. (a) in the fore pad an all-round' white light dr one ball by day, -- .. -- (b) at or near the stem and at, a lower levl than the light in (a), an aU-round white light: - .' Erovided that a vessel of less than 20m. in length may exhibit one all-rouild white light where it can best be seen A vessel aground shall exhibit in addition to the lights prescnbed in sub rules(l) where they c'n best be - two, all-round red lights in a vertical line, + ' - three balls in a' vertical line by day.

- 3) A vessel less than.l0m.. in length avd'a vessel under oars may exhibit lantern and shall have an elecfric :IQ Ii which 'shall be exhibited in sufflélent time to prevent collision..- Lig/yts to be exhibited by .h,Vdi'ofOils and mechanized country craft!. -- Where it is imprac'ticable for a hanized country craft or a hydrofoil to exhibit lights ahd shapes or the charactefistics or in positions, as specified e Rule, she shall exhibit lights and shapes as closel'ysimilar inclaracteristics and position as is' o'ssible.

Sound Signbls.—The souhd signal appliances. uqless btherwise- specified in the rules, shall, comply with the - ;(t ieal requirements as per the jkovisions.of Annexure-Ith' of the International Regulations' for Preventkn of Collision , ..at a 1972:

fl Equipment for .s9ound signals —A vessel of 20 meters or more in length shall be provided with a whistle and a II and a vessel of 100 meters or more itt length, in addition, shall be provided with a song I . .

I 24 - 84. Maneávering and ü'ariiing signals.—The, maneuvering and 'yarning signals shall be as follows:

(1) Single vssel : when vessels are in-sigth of one another a mechanically propelled vessel underway, when maneuvering as authorized or require$ by these rulesa shall indicate-her intentions by the following signals on her whistle One short-blast of about I second duration to indicate ."l am altering my course to siarboard".

Two short blasts to indicate, "1 am altering my course to port".

(è) Thtde short blasts to indicate "I am'operating stem propulsion" --

(2) Overtaking vessels Two prolonged blasts (blast • of about 4 to 6 seconds duration ech) followed by one short blast to indicate "I intend to over take you on your starboard side".

Two prolonged blasts followed by two short blasts to indicate "I intend to over take you-on your port side". - A vessel being overken shall indicate her tonsent by the following signals on her whistle in the order;

one prolonged, one short, one prolo.nged, one short blasts and if in doubt, she may sound sighals prescribed in sub-ruk (3). . ..

(3) - When in doubt When vessels in sight of one another are approaching each other and from any cause either, vessel fails to undcrstand the intentions or actions 'of the other or is in doubt whether sufficient action -is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least 5 short and rapid blasts on the whistle, the signal may be supplemented by a light signal of at *lest 5 short and rajd flashes.

- (4) At' bends A vessel nearing bend or an arëaof a channel where other vessels may be obscured, shall sound one prolonged blast, such signal shall be answered with a prolonged blast by any approaching vessel.

85 Sound signals in restricted visi/,iiitv.—In or near an area of restricted visibility, where by day or night, signals specified in. these rules, shall be used as follows:

- (1) A mechanically propelled vessel making way through the water shall sound'at intervals of not more than 2 minutes one prolonged blast.

A'mechanically propelled vessel underway but %t'opped and making no Way Urough the water shall sound at intervals of not more than 2 minutes two prolonged blasts in stieeessiontvith an interval of about 2 seconds between them. . . - A vessel not under command, a vessel restricted in her ability to maneuver, a vessel constrained by her draught; vessel engaged in towing, fishing or pushing anpther vessel, shall at intervals of notmore than 2 minutes three blasts with an interval of two seconds betWeen them.

- (4) A vessel al anchor shall at intervals of not more than one minute ring the bell rapidly for about 5 seconds.

A vdssel it anchor may in addition sound three blasts in succession namely one short, one prolonged and one siort blast to give warning on her position, and possibility of eollison to any approaching vessel. A vessel aground shall give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell.

A vessel of less than 10 meters in length shall not be obliged to give the above mentioned signals but shall make some other effective sound signal at intervals of not more than 2 minutes.

86. Distress signals—When a vessel is in distress and çequires assistance'from other vessels or from shore, the following signals shall be used or displayed by hef, dther togeiher or separately.

(I) A continuous sounding of any sound signal apparatus.

A flag or a light waved in a circle to draw attentidn.

Flares on the deck. .

"'May day" transmitted by radio telephony. ' - (5) International code of signal N.C. hoisted on the vessel.

25 .

87. Exemptions.—Any vessel or class of vessels may be exempted from compliance of the following provisions for a periOd up to one year from the date of commencement of these rules, provided that such vessel or class of vessels complies with the requirement of the Travancore Public Canals and Public Ferries Act, 1096, The :cochin Public Canals and Backwaters NavigatCion Abt of 102 and the keel of which is at the stage of construction before th toming into force of these nile.

(1) The inMallation of lights with colour specifications and intensity as prescribed in rule 70 (5).

Repositioning of masthead' lights and side lights on vessels resulting from prescriptiois of rule 71.

The installation of lights with ranges prescribed in rule 72.

Application of the provisions of PorE ruls and National waterway regulaiions.—Notwithstanding anything mentidned above, the provisions of the Port Rules and Prevention of Collision Regulations, 2002 for National Waterways shall apply mutatis mutandis, to the mechanically propelled vessels while making voyages within the port / limits and National Waterways.

CHAPTER \1 SAFETY MEASURES ON WATERWAYS Marking of Navigable C'flannel.-,--Channel marks like coconut piles, bamboo marks or buoys are provided to mark the safe limits of the channel. Details of channel marking are given in A-nnexure I. Marks painted with luminous paint or lights shall be provided for navigation at night.

(I) All, vessels shall;

(a) fnavigate within the channel limits as'Iar as possible;

avoid close passing or causing any damage to the channel marks;

avoid fouling or. mooring to the channel marks.

No fishing stakes, fishing nets, or obstructions of any kind are permitted in the channel.

Small- vessels and fishing boats with nSs shall give a wide berth to vessels.

90. Traffic Signals and Signs.-41) Traffic Signals or Signs shall be erected on the banks of the ri*r or on any fixtures on the river to ensure'safety on the navigable channel. The sign boards shall be painted with bright himinous paint. Specimens of which are shown in Annexurc-lI. All vessels shall keep a look out for such marks and to take timely action as required by tht seamanship practices to ensure safety.

Navigation marks shall not be tampered or damaged or used for mooring of vessels.

Any person vhb hñ committed a breach of the provision contained in the sub-rule (2) of rule 90, shall be punishable with imprisonment for a term whiëh, may extend to six months, or with fine which may ektend to .five hundred rupees, or with both. - - -.

91. Storm Warning Signal—Storm warning signals as shown in Annexure III shall be exhibited frim the-ports.

92. Carriage of Dangerous Goods.--No dangerous goods shall be carried onboard or transported in the waterway without the specific approval and safety clearance from the competent officer. Provisions of the Merchant Shipping (Carriage of Dangerous Goods) Rules, 1978 with respect to transportation of dangerous cargo shall mutatis mutandis app4,y to carriage of dangerous goods under these rules. -

93. Prevention of Explosions or Jire.-.-No' explosives shall be - brought onboard, stored or carried in a vessel without the prior approval and safety clearances from. the càmpetent authority and cldarnces from the Controller of Explosives as required under the provisions of the Explosive Act, 1884. -

94. Prevention and containMent of pollution of harbors, parts and waterway by oil/chemical/hazardous cargo etc—The provisions of the Merchant Shipping Act, 1958; and the rules issued there under shall be the guiding criteria for inland vessels and shall be applicable to all vessels under these rules.

33/1763/201 0/DTP, S - - 26

95. Passage shroygh Bridges —When: a vessel passS under a bridge, the height of the mast or the height of the collapsed-mast and th&t bf the wheelhouse or super structure should be less than that between waterway Jet'el and the height of the road budge. Speed of such vessel shall be regulated with reference tbprevailing weather conditions and the currents likely to beexperienctd. -.

96. Passage through locks.----(l) While navigating through the locks and lock basin the master shall comply with my orders given to him by the lock master to ensure safety andorderly movment of ship and quick passage through the lock.

(2) The order of priority for passage through the lock shall be as follows:

Vessels of the Government, vessels belonging to the military, kolice and the Inland Wdterways Authority of India; .

Passenger craft; ..

Fishing boats;

(4). Cargo vessels.

- . (3)e Vessels shall be waqed or poled into or out of locks and shall not use their propellers or paddle wheels until clear of the lock. . ... - - (4) Vessels used or intended fdr passengeis and cargo shall pjy only on such port4ons of tlic backwaters or canal system as may be specified in their survey certificate.

97. Reduction of speed in certain circunstances.—(J) - Every vessel iliall regulate, their speed to avoid creating excesmive wash or suction likely to cause damage'toits stationary or other moving vessels or structures and bank;

(2) In jarticular the vessel shall reduce speed in good time, but without loosing the steering way required for safety . • • -

(a) out side port entrances;

(b). near vessels niade fat to the bank or to a landing stage loading or discharging cargo;

(c) near vessels lying at normal stopping places.

98.- Drifting of a vessel.—Drifting of vessel in the inland waterways, unless authorized by the Competent Office;

is prohibited.

99. Crossing oPnavigAble channeL—While crossing the navigable channel. krry vessels shall keep it such distance from vessels- or rafts moving along thenavigable channel, so that the latter shall notbe obliged to changç their course or reduce sptcd: .

Provided that ferry vessels, under special circumstances may be granted priority of passaic across the navigab.e channel by the Competent Officerand such -vessel shall exhibit a green all-round light by night and 'a green flag by day, and shall have right of way as the circumstances permit..... - l00. Mooring of vessels.—Nà vessel shall be moored oranchored within a port except in areas designated for such purposes by the Competent Officer.

Stationary Vessels--All stationary vessels, rafts and floating equipmeni shall be anchored or made fas:

securely enough to withstand the current in such a way that they can adjust to the changes in water level.

Responsibilities of Master and Owner.L_(l) Every vessel shall be in charge of a Master who shall be qualified and possesses a dertifleate to that effect under the Rule. The Mastershall be jointly and severally resionsible with the Owner for any or all breaches of these rules. Responsibilities bf the Master and Owner, shall inter a/ia include the following, namely:

(a) to take all precautions required to keep vigilant and to avoid damage to the vessel, installations in the waterway and avoid causing pbstructions to shipping and l!avigntion;

to take all steps required by the situation to avoid imminent danger;

to comply with the rules or regulations applicable to his vessel and his crew and to the vessels in to" - while his vessel is engaged in towing of other vessels; .

(d) the Master or Owner shall ensure that the vessel has -a valid certificate of survey applicable for the voyage or service in the zone of operation;

.' 27

(e) the Master or Owner shill ensure that the vessel has a valid eniflcate of Registratton and that the certificat of registration granted in respect of any vessel iliall be used only for the lawful navigation of that vessel;

the Master or Owner shall ensure that the crew are sufficient for the type of vessel and type and area of operation as required by these rules;

the Master or Owner-shall ensure that the crew has valid certificate of competency/service;

the Master or Owner shall ensure that dangerous goods or explosive thaterials ar'e carried on board only as authorized by Competent Authority and, procedures and safety precautions as per the Etpiosivcs Rules, 1983 the Master shall maintain Ship's itrticIe/crew. list, Ships Log and Engine Log;

(.1) the Master shall ensure that at no time the vessel is overloaded or more than the nunber of passengers it is certified 'to carry, are taken onboard; .

(k) the Owner shall ensure that no unauthorized alterations are made to the vessel:

(l the Master or Owner shall ensure that the vessel is adequately equipped to fight any fire and to rescue the passengers and that the crew adequately trained to meet emergent situations;

(in) the Owner or Master shall ensure that Life saving devices like life buoys, life jackets, life ?aft etc.

as required as per the Rules are provided in each yesset and they are kept in such a position far quick deployment in tase of emergency;

the Owner shall ensure insurance of the vessel against third party risks;

the Owner/Master shall display the details-showing the date of manufacture of the vessel, date of survey, expiry date of survey, passengers and cargo capacity and such other deTails as required by law;

to ensure timely and quality maintenance work; - - (q) to ensure that at no time the vessel discharges in the waterway except at the reception facilities of, inland ports, raw sewage, oily substances, garbage etc.

(2) The Master or the person iii charge of the vessel shall make immediate report to the nearest competent officer or Police on,—

(a). apy vessel has been wrecked, abandoned or materially damaged;

accidents or casualty involving, death, grjevous hun; - sigbting of any other vessel in distress; r - outbreak of fire or flooding in his vessel; .

- (e) damage caused to any watenvay•instailations or permanent structureg;'

any vessel hascaused loss or material damage to an5 othçr vessel, or observing sinch?rted obstruction or failur,eof navigational aid ; .

falling over board of any object which may become an obstruction or danger to navigation;

spillage of oil into the waterway; -

(i) piracy or theft onboard.

(3) The mate