REGISTERED No. D-(D)-72 The Gazette of India EXTRAORDINARY
PART II—Section 1 PUBLISHED BY AUTHORITY No. 87] NEW DELHI, THURSDAY, MAY 27,1976/JYAISTHA 6, 1898 Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW, JUSTICE AND COMPANY AFFAIRS (Legislative Department) New Delhi, the 27th May, 1976/Jyaistha 6, 1898 (Saka) The following Act of Parliament received the assent of the President on the 27th May, 1976, and is hereby published for general information: — THE MERCHANT SHIPPING (AMENDMENT) ACT, 1976 No. 69 OF 1976 [27th May, 1976] An Act further to amend the Merchant Shipping Act, 1958. BE it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows: —
1. (1) This Act may be called the Merchant Shipping (Amendment) Act, 1976,
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint, and different dates may be appointed for different (provisions. Short title and commencement.44of 1958.
2. In the Merchant Shipping Act, 1958 (hereinafter referred to as the principal Act), for the words "unberthed passenger ships", "an unberthed passenger ship", "unberthed passenger ship", "unberthed passengers", "an unberthed passenger" and "unberthed passenger", wherever they occur, the words "special trade passenger ships", "a special trade passenger ship", "special trade passenger ship", "special trade passengers", "a special trade passenger" and "special trade passenger" shall respectively be substituted. Change of nomenclature of unberthed passenger ship and unberthed passenger.
3. In section 3 of the principal Act ,—
(a) for clauses (27) and (28), the following clauses shall be 'substituted, namely: — '(27) "pilgrimage" means pilgrimage to any holy place in the Hedjaz or to any other place declared by the Central Govern-
(727) Amendment of section 3. j2S THE GAZETTE OF INDIA EXTRAORDINARY [PART II— ment to be a place of pilgrimage by notification in the Official Gazette;
(28) "pilgrim ship" means a special trade passenger ship which makes a voyage to or from the Hedjaz, or, as the case may be, to or from any other place of pilgrimage declared as such by the Central Government in pursuance of clause (27), during th« season of the pilgrimage and which carries pilgrims in a proportion of not less than one pilgrim for every one hundred tons of the gross tonnage of the ship;';
(b) in clause (38), after sub-clause d), the following sub-clauses shall be inserted, namely: — "(id) a special trade passenger ship safety certificate,
(ib) a special trade passenger ship space certificate,";
(c) after clause (47), the following clauses shall be inserted, namely: — '(47A) "special trade" means the conveyance of large number of passengers by sea within prescribed sea areas; (47B) "special trade passenger" means a passenger carried in special trade passenger ship in spaces on the weather deck or upper deck or between decks which accommodate more than eight passengers and includes a pilgrim or a person accompanying a pilgrim; (47C) "special trade passenger ship" means a mechanically propelled ship carrying more than thirty special trade passengers;';
(d) clauses (SI) and (52) shall be omitted. Amendment of section 240. 4- In section 240 of the principal Act—
(a) for sub-section (1), the following sub-sections shall be substituted, namely: — "(1) A ship intended to carry special trade passengers between ports or places in India shall not commence a voyage from any port or place appointed under sub-section (1) of section 237, unless the master holds certificates to the effect mentioned in sections 241 and 242. (1A) A ship intended to carry special trade passengers from or to a port or place in India to or from a port or place outside India shall not commence a voyage from any port or place appointed under sub-section (1) of section 237, unless the master hol'ds—
(i) a passenger ship safety certificate;
(n) an exemption certificate;
(ill) a special trade passenger ship safety certificate;
(iv) a special trade passenger ship space certificate; and
(u) a certificate referred to in section 242.";
(b) in sub-section (2), for the words "unless the master holds the aforesaid certificates", the words, brackets, figures and letter "unless the master holds the appropriate certificate for the voyage specified in sub-section (1), or as the case may be, i» aub-section (1A)" shall be substituted. SEC. 1] THE GAZETTE OF INDlA EXTRAORDINARY 729
5. For section 241 of the principal Act, the following section shall be substituted, namely: — Substitution of new section for section
241. "241. (1) The first of the certificates referred to in sub-section
(1) of section 240 (hereinafter called certificate A) shall be in the prescribed form and contain such particulars as may be prescribed.
(2) In particular and without prejudice to the generality of the foregoing power, certificate A shall contain the following statements and particulars, namely: —
(i) that the ship is seaworthy;
(ii) that the ship is properly equipped, fitted and ventilated; (Hi) the number of special trade passengers the ship is certified to carry; and
(iv) such other particulars as may be prescribed.
(3) Certificate A shall remain in force for a period of one year from the date of issue or for such shorter period as may be specified therein.".- Contents of certificate A.
6. In section 242 of the principal Act, for clause (c), the following clause shall be substituted, namely: — "(c) that the master hojds—
(i) a certificate of survey and certificate A; or
(ii) a passenger ship safety certificate accompanied by an exemption, certificate, a special trade passenger ship safety certificate and a special trade passenger ship space certificate; or (Hi) a nuclear passenger ship safety certificate;". Amendment of section
242.
7. In section 244 of the principal Act, for the proviso, the following proviso shall be substituted, namely; •- "Provided that he shall not cause a shipi holding a valid certificate referred to in sub-clause (i) or sub-clause (ii) or sub-clause (iii) of clause (c) of section 242 to be surveyed unless, by reason of the ship having met with damage or having undergone alterations, or on other reasonable grounds, he considers it likely that she may be found unseaworthy or not properly equipped, fitted or ventilated for the! service on which she is to be employed.". Amend* ment of section
244. ft. The heading ".Special provisions reflating to uriberthed, passenger ships" occurring below section 254 of the principal Act shall be omitted. Omission of headin* below section
284. 7ao tHE GAZETTE OF IND'rA EXTRAORDINARY [PART U— Amendment of section
255. ft. In section 255 of the principal Act, after sub-section (2), the following sub-sections shall be inserted, namely: — "(3) The master, owner or agent of any ship which is intended to sail on a voyage as a pilgrim ship from any port or place in India shall, before advertising such ship for the conveyance of pilgrims or offering to convey any pilgrim by such ship or selling or promising or permitting any person to sell a passenger ticket to any pilgrim for conveyance by such ship, supply to the officer appointed in this behalf (hereinafter referred to as the pilgrim officer) at the port or place from which the ship is to commence the voyage, and at each port or place in India at which she is to touch for the purpose of embarking (pilgrims, full particulars as to the name, tonnage and age of the ship, the maximum number of passage tickets of each class to be issued, the maximum price of each class o£ passage tickets, the probable date on which the ship is to sail from that port or place, the ports, if any, at which she is to touch, the place of her destination, and the probable date of her arrival thereat.
(4) The master, owner or agent of the ship shall supply to the pilgrim officer, within three days from the date of demand, such further information in regard to the matters mentioned in sub-section
(3) as that officer may in writing demand from him.
(5) (a) The master, owner or agent of the ship shall advertise at such port or place and in such manner as may be prescribed—
(i) the place of destination of the ship,
(ii) the price of each class of passage tickets which shall not be in excess of the price communicated to the pilgrim officer under sub-section (3), and (Hi) the provisional date of sailing from that port or place,
(b) The master, owner or agent, of the ship shall also advertise the1 final date of sailing not less than fifteen days before such date.
(6) No master, owner or agent shall-—
(a) without reasonable cause, the burden of proving which shall lie upon him, fail or refuse to supply any particulars or information which he is by or under this section required to supply or supply false particulars or information; or
(b) advertise any ship for the conveyance of pilgrims, or offer to convey pilgrims by any ship, or sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by any ship, without having first supplied the particulars required by sub-section (3) and in accordance with the (provisions of that sub-section; or
(c) advertise a price for passage tickets at the port or place in excess o$ the price communicated to the pilgrim officer under sub-section (3); or
(d) offer to convey pilgrims by any ship from any port or place in India ot sell or promise or permit any person to sell passage tickets to pilgrims for conveyance by a ship from any SEC. 1] THE GAZETl'E OF INDiA EliTRAdRDINA,kY 7 ^ such port or place without having advertised as required by clause (a) of sub-section (5), the matters specified in that clause; or
(e) sell or permit any person to sell to any pilgrim any passage ticket at a price in excess of the price communicated to the rjilfirim officer under sub-section (3).".
10. Section 256 of the principal Act shall be re-numbered as sub-section
(1) of that section, and
(a) in sub-section (1) as so re-numbered, after the words "the certifying officer", the words "or such other officer as the Central Government may appoint in this behalf" shall be Inserted;
(b) after sub-section (1) as so re-numbered, the following subsection shall be inserted, namely: — "(2) In either of the following cases, namely:—
(a) if after a pilgrim ship has departed or proceeded on her voyage any additional pilgrims are taken on board at a port or place within India appointed under this Part for the embarkation of pilgrims, or
(b) if a pilgrim ship upon her voyage touches or arrives at any such port or place, having previously received on board additional pilgrims at any port or place outside India, the master shall obtain a fresh certificate B from the certifying officer or such other officer as the Central Government may appoint in this behalf at that port or place, and shall make an additional statement specifying the number and the respective sexes of all the additional pilgrims.". Amendment of Section
256. 11, In section 257 of the principal Act—
(a) in sub-sections (2) and (2), after the words "certifying officer", the words "or such other officer as the Central Government may appoint in this behalf" shall be inserted;
(b) after sub-section (2), the following sub-sections shall be Inserted, namely: — " (3) The master of every pilgrim ship departing or proceeding from any port or place in India shall sign a statement in duplicate in the prescribed form specifying the total number of all the pilgrims embarked and the number of pilgrims of each sex embarked and the number of the crew and such other particulars as may be prescribed and shall deliver both copies to the certifying officer or such other officer as the Central Government may appoint in this behalf at the port or place and such officer shall thereupon, after having first satisfied himself that the entries are correct, countersign and return to the master one copy of the statement.
(4) The master of every pilgrim ship arriving at any port or place in India at which it may be intended to discharge pilgrims, shall, before any pilgrims disembark, deliver a statement signed Amendment of section
257. 7 3 2 THE GAZETTE OF INDlA EXTRAORDINARY [PART H— by him specifying the total number of all the pilgrims on board and the number of pilgrims of each sex and the number of the crew, and such other particulars as may be prescribed to the certifying officer or such other1 officer as the Central Government may appoint in this behalf at the port or place.". Amendment of section 2B8.
12. In section 258 of the principal Act, after sub-section (2), the following sub-section, shall be inserted, namely: — "(3) The master of every pilgrim ship shall note in writing on the copy of the additional statement referred to in sub-section (2) of section 256 or of the statement referred to in sub-sections (3) and (4) of section 257, the date and supposad cause of death of any pilgrim who may die on the voyage, and shall, when the pilgrim ship arrives at her port or place of destination or at any port or place where i,t may be intended to discharge pilgrims, and before any pilgrims disembark, produce the statement, with any additions made thereto,-—
(a) where such port or place is in India, to the certifying officer or such other officer as the Central Government may appoint in this behalf;
(b) where such port or place is outside India, to the Indian consular officer.". Amendment of section 2B9.
13. In section 259 of the principal Act, after sub-section (3), the following sub-section shall be inserted, namely: — "(4) (a) Every pilgrim ship carrying pilgrims and crew not exceeding one thousand in number shall have on board a medical officer possessing such qualifications as may be prescribed, and, if the number of pilgrims and crew carried exceeds one thousand, a second medical officer similarly qualified and also in all cases such medical attendants as may be prescribed.
(o) A medical officer of every pilgrim ship shall perform such duties and functions, keep such diaries and submit such reports or other returns, as may be prescribed.
(c) No medical officer or attendant on a pilgrim ship shall charge any pilgrim on such ship for his services.". Insertion of new sections 261A, 261B and
261C.
14. After section 261 of the principal Act, the following sections shall be inserted, namely:— Bunka to be provided for passengers. "261A. Every special trade passenger ship making a voyage the duration of which, in ordinary circumstances, may extend to seventytwo hours or more shall provide for each passenger on board a bunk of the prescribed size and particulars. Space to be provided for passengers when bunks are not provided.
261B. Every special trade passenger ship making a voyage the duration of which, in ordinary circumstances, may not extend to seventy-two hours, shall provide space for each passenger at the prescribed scale. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 733
261C. Every special trade passenger ship shall have reserved as airing space for the use of passengers on board, gratuitously by day and by night, so much of the upper deck as is not required for the airing space of the crew or for permanent structure:
Provided that the upper deck space so provided for passengers shall in no case be less than 0.37 square metre for each passenger.".
15. Section 263 of the principal Act and the heading "Special provisions regarding pilgrim ships" occurring before that section shall be omitted. Airing space to be provided for passengers. Omission of section
263.
16. For section 264 of the principal Act, the following section shall be substituted, namely: — Substitution of new section for section
264. "264. Every special trade passenger ship certified to carry more than one hundred passengers on a voyage the duration of which, in ordinary circumstances, may extend to forty-eight hours or more, shall provide on board a hospital offering such conditions relating to security, space, health and sanitation, and capable of accommodating such proportion of the maximum number of passengers the ship is certified to carry, as may be prescribed.". Hospital accommodation.
17. Sections 265 to 269 (both inclusive) and section 278 of the principal Act shall be omitted. Omission of sections 2fi5 to 269 and section
278.
18. In section 279 of the principal Act, in sub-sections (1) and (5), for the words, brackets, letter and figures "clause (b) of sub-section (3) of section 278", the words, brackets, letter and figures "clause (b) of subsection (5) of section 255" shall be substituted. Amendment of, section
279.
19. In section 280 of the principal Act, for the figures "278", in the two places where they occur, the figures "255" shall be substituted. Amendment of section
280.
20. In section 282 of the principal Act— Amendment of section 282
(i) in clause (j), for the words and figures "sections 265 and 268", the word and figures "section 257" shall be substituted;
(u) in clause (s), for the word and figures "section 278", the word and figures "section 255" shall be substituted.
21. In section 284 of the principal Act, after sub-section (2), the following proviso shall be inserted, namely: — "Provided that different requirements may be specified for special trade passenger ships.". Amendment of section
284.
22. In section 299 of the principal Act, after sub-section (2), the following sub-section shall be inserted, namely: — " (3) Where on receipt of a declaration of survey granted under Part VIII in respect of a special trade passenger ship or a pilgrim ship, Amendment of section
299. 734 T H E GAZETTE OF INDIA EXTRAORDINARY [PART II— the Central Government is satisfied that the ship complies with the provisions of this Act and the rules made thereunder relating to construction, life saving appliances and space requirements, it may in addition to the certificates referred to in sub-sections (2) and (2), issue in respect of the ship a special trade passenger ship safety certificate and a special trade passenger ship space certificate.". Amendment of section
304.
23. In section 304 of the principal Act,—
(a) in sub-section (1), after the words "a passenger ship safety certificate", the words "or a special trade passenger ship safety certificate" shall be inserted;
(b) in sub-section (2), for the words "safety convention certificate", the words "passenger ship safety certificate or special trade passenger ship safety certificate" shall be substituted. Amendment of section
307.
24. In section 307 of the principal Act, for sub-section (1), the following sub-section shall be substituted, namely: — '(1) No Indian passenger ship shall proceed on a voyage from any port or place in India to any port or place outside India—
(a) if the ship is a ship, other than a special trade passenger ship, unless there is in force In respect of the ship either—
(i) a passenger ship safety certificate Issued under section 299; or
(it) a qualified passenger ship safety certificate issued under section 299 and an exemption certificate Issued under section 302;
(b) If the ship is a special trade passenger ship, unless there is in force in respect of the ship the certificate referred to in sub-clause (i) of clause (a) or the certificates referred to in sub-clause (n) of that clause and a special trade passenger ship safety certificate and a special trade passenger ship space certificate, being in each case a certificate which by the terms thereof Is applicable to the voyage on which the ship is about to proceed and to the trade in which she is for the time being engaged.'. Amendment of section
438.
25. In section 436 of the principal Act, in sub-section (2), in the Table,—
(a) after Serial No. 89 and the entries relating thereto, the following shall be inserted, namely: — •<89A If a master, owner 255(6) Fine which or agent contravenes may exterd to sub-section (6) of two thouiand section 255. rupee»."j SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 735
(b) after Serial No. 99 and the entries relating thereto, the following shall be inserted, namely: — "90A (a) If medical officers and attendants are not carried on a pilgrim ship In accordance with clause (a) of subsection (4) of section 259; or
(b) if a medical officer or attendant on a pilgrim ship contravenes clause
(c) of sub-section (4) of section 259;
(c) Serial Nos. 92 mi 93 sh; 259 (4) (a) The master, owner or agent shall be liable for each voyage made in contravention of clause
(a) of sub-section
(4) of section 259 to fine which may extend to thr«e hundred rupee*; 259 (4) (c) fine which may extend to two hundred rupees."; all tee omitted. 26, In section 458 of the principal Act, in sub-section (3), for the Amendwords "two successive sessions, and if before the expiry of the session ment of in which it is so laid or the session immediately following", the words s action "two or more successive sessions, and if, before the expiry of the session 4S8 immediately following the session or the successive sessk>n3 aforesaid" shall be substituted. K. K. SUNDARAM, Secy, to the Govt. 0/ India.