REGISTERED NO. D. Ml The Gazette of India EXTRAORDINARY
PART II—Section I PUBLISHED BY AUTHORITY No. 20] NEW DELHI, MONDAY, JUNE 6, 1966/JYAISTHA 16, 1888 Separate paging is given to this Part in order that it may be filed as a separate compilation MINISTRY OF LAW (Legislative Department) New Delhi, the 6th June, 1966/Jyaistha 16, 1888 (Saka) THE MERCHANT SHIPPING (AMENDMENT) ORDINANCE, 1966 No. 3 OF 1966 Promulgated by the President in the Seventeenth Year of the Republic of India An Ordinance further to amend the Merchant Shipping Act.
1958.
WHEREAS a Bill further to amend the Merchant Shipping Act, 1958, for the purpose of implementing the provisions of the International Convention for the Safety of Life at Sea signed in London on the 17th day of June, 1960, has been passed by the Council of States and is pending in the House of the People;
AND WHEREAS Parliament is not in session and the President is satisfied that circumstances exist which Tender it necessary for him to take immediate action to give effect to the provisions of the Bill;
187 217 G of I—1.
188 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Now, THEREFORE,, in exercisfe of the powers conferred by clause (1) of article 123 of the Constitution, the President is pleased to promulgate the following Ordinance: — Short title and commencement.
1. (1) This Ordinance may be called the Merchant Shipping (Amendment) Ordinance, 1966.
(2) It shall be deemed to have come into force on the 28th day of May, 1966.
Act 44 of 1958 to be temporarily amended.
2. During the period of operation of this Ordinance, the Merchant Shipping Act, 1958 (hereinafter referred to as the principal Act), shall have effect subject to the amendments specified in sections 3 to 40 (both inclusive).
Amendment of section 3.
3. In section 3 of the principal Act,—
(a) clause (1) shall be re-numbered as clause (1A) and before the clause as so re-numbered, the following clause shall be Inserted, namely: — '(1) "cargo ship" means a ship which is not a passenger •Up?1;
(b) after clause (28), the following clause shall be inserted, namely:—• '(18A) "international voyage" means a voyage from or to a port or place in India to or from a port or place outside India;';
(e) after clause (22), the following clause shall be inserted, namely:—, '(22A) "nuclear ship" means a ship provided with a nuclear power plant;';
(d) in clause (37), for the figures and words "10th day of June, 1948", the figures and words "17th day of June, 1960" shall be substituted;
(e) for clause (38), the following clause shall be substituted, namely: — '(38) "safety convention certificate" means,—
(i) a passenger ship safety certificate,
(ii) a qualified passenger ship safety certificate,
(in) a cargo ship safety construction certificate,
(iv) a qualified cargo ship safety construction certificate,
(v) a cargo ship safety equipment certificate,
(vi) a qualified cargo ship safety equipment certi> flcate, SEC, 1] TltE GAZETTE OF INDIA EXTRAORDINARY 189
(vii) a cargo ship safety radio telegraphy certificate,
(vili) a cargo ship safety radio telephony certificate,
(ix) an exemption certificate,
(x) a nuclear passenger ship safety certificate,
(ooi) a nuclear cargo ship safety certificate, issued under Part IX or, as the case may be, Part IXA.';
(f) after clause (48), the following clause shall be inserted, namely:—• ' (48A) "tanker" means a cargo ship constructed or adapted for the carriage in bulk of liquid cargoes of an inflammable nature;'.
4. In section 9 of the principal Act, after sub-section (I), the following sub-section shall be inserted, namely: — "(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the purposes of this Act.".
Amendment of section 9.
5. In section 241 of the principal Act, in sub-section (3),—
(0) for the words and figures "or a safety certificate granted under Part IX", the words, figures and letter "or a passenger ship safety certificate granted under Part IX or, as the case may be, a nuclear passenger ship safety certificate granted under Part IXA" shall be substituted;
(b) for the words "accept the certificate of survey or safety certificate", the words "accept the certificate of survey or the passenger ship safety certificate or, as the case may be, the nuclear passenger ship safety certificate" shall be substituted.
Amendment of section
241.
6. In section 242 of the principal Act, in clause (c), for the words "a safety certificate", the words "a passenger ship safety certificate or a nuclear passenger ship safety certificate" shall be substituted.
Amendment of section
242.
7. In section 244 of the principal Act, in the proviso, for the words "a safety certificate", the words "a passenger ship safety certificate or a nuclear passenger ship safety certificate" shall be substitutedj Amendment ol section
244.
8. In section 284 of the principal Act, for the words "passenger ships", wherever they occur, the words "passenger or cargo ships" shall be substituted.
Amendment of section
284.
I$0 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Amendment of section
288.
9. In section 288 of the principal Act, in sub-section (2),—
(a) after clause (h), the following clause shall be inserted, namely: — " (hh) the training of crew in launching and using liferafts;";
(b) in clauses (i) and (j), for the word "boats", the words "boats or rafts" shall be substituted.
Amendment of section
291.
10. In section 291 of the principal Act,— da) for sub-section (1), the following sub-section shall be substituted, namely: — " (I) Kvery Indian passenger ship and every Indian cargo ship of three hundred tons gross tonnage or more, shall, in accordance with the rules made under section 296, be provided with a radio installation and shall maintain a radio telegraph service or a radio telephone service of the prescribed nature and shall be provided with such certificated operators as may be prescribed.";
(b) in sub-section (2), for the words "any other ship of sixteen hundred tons gross or more shall be a radio telegraph installation; and that required to be provided for a ship of less than sixteen hundred tons gross, other than a passenger ship,", the words "any cargo ship of sixteen hundred tons gross or more shall be a radio telegraph installation; and that required to be provided for a cargo ship of less than sixteen hundred tons gross" shall be substituted;
(c) after sub-section (2), the following sub-section shall be inserted, namely: — "(3) The Central Government may, having regard to the length of the voyage or voyages on which a ship or a class of ships is engaged and the maximum distance such ship or class of ships will be from the shore during such voyage or voyages, exempt, by order in writing and subject to such conditions and restrictions as may be specified therein, any ship or class of ships from compliance with all or any of the obligations imposed by or under this section, if that Government is satisfied that such compliance would be unreasonable or unnecessary:
Provided that an exemption from the obligation to provide with radio telegraph installation in respect of any passenger ship or in respect of any cargo ship of sixteen hundred tons gross tonnage or more shall be subject to the SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY igi condition that she shall have on board a radio telephone installation:
Provided further that no exemption shall be granted under this section, if it will have an adverse effect on the general efficiency of the distress service for the safety of ships.".
11. Section 292 of the principal Act shall be re-numbered as subsection (2) of that section and after the sub-section as so re-numbered, the following sub-section shall be inserted, namely: — " (2) The Central Government may, by order in writing and subject to such conditions and restrictions as may be specified therein, exempt any ship under five thousand tons gross tonnage from the obligation imposed by sub-section (2), if that Government is satisfied, having regard to the area or areas in which the ship is engaged on a voyage or voyages and the value of radio direction finder as a navigational instrument and as an aid to locating ships, aircraft or survival craft, that such compliance would be unreasonable or unnecessary.".
Amendment of aeotion
292.
12, In section 294 of the principal Act, in sub-sections (1) and
(3), the words "and watchers" shall be omitted.
Amendment oi section
294.
13. In section 296 of the principal Act,—
(a) in sub-section (1), after the words "radio telephony", the words "or radio direction finders" shall be inserted;
(b) in sub-section (2), after clause (a), the following clause shall be inserted, namely: — "(aa) the nature of radio telegraph installation to be provided on motor life-boats and survival craft;".
Amendment ol section
296.
14. In section 297 of the principal Act, for the words "signalling lamp of the type approved", the words "signalling lamp which shall not be solely dependent upon the ship's main source of electrical power and which shall be of the type approved" shall be substituted.
Amendment of section
297.
15. In section 298 of the principal Act,—
(a) in sub-section (I), for the words "about the ship's stability as is necessary for the guidance of the master in loading and ballasting the ship", the words "as is necessary to enable the master by rapid and simple processes to obtain accurate guidance as to the stability of the ship under varying conditions of service" shall be substituted;
(b) for sub-section (2), the following sub-sections shall be substituted, namely: — Amendment of section
298.
192 THE GAZETTE OF INDIA EXTRAORDINARY [PART II "(2) The information shall be in such form as may be approved by the Central Government (which may approve the provision of the information in the form of a diagram or drawing only) and shall be suitably amended whenever any alterations are made to the ship so aa to materially affect such information.
(2A) The information shall be based on the determination of the ship's stability by means of an inclining test of the ship and any amendment thereto shall be effected, if necessary, after re-inclining the ship:
Provided that the Central Government may, by a general or special order—
(a) in the case of any ship, allow the information or an amendment thereto to be based on a similar determination of the stability of a sister-ship;
(b) in the case of a ship specially designed for the carriage of liquids or ore in bulk, or of any class of such ships, dispense with such tests if it is satisfied from the information available in respect of similar ships that the ship's proportions and arrangements are such as to ensure more than sufficient stability in all probable loading conditions.";
(c) in sub-section (3), after the words "any Information", the brackets and words " (Including any amendment thereto)" shall be inserted;
(d) in sub-section (4), after the word "information", the brackets and words "(Including any amendment thereto)" shall be Inserted.
Amendment of section
299.
16. In section 299 of the principal Act,—
(a) in sub-section (1),—
(i) after the words "radio telephony installation1', the words "and radio direction finder" shall be inserted;
(ii) for the words "safety certificate", the words "passenger ship safety certificate" shall be substituted;
(b) in sub-section (2), for the words "qualified safety certificate", the words "qualified passenger ship safety certificate" shall be substituted.
Insertion of new sections 299A and 29OB.
Safety construction
17. In the principal Act, after section 299, the following sections shall be inserted, namely: — "299A. (1) Where in respect of any Indian cargo ship of five hundred tons gross or more the Central Government is satisfied that the ship has been surveyed in the manner pres- SEC. 1] THE GAZETTE OF INDIA EXTRAORD1NABY 193 cribed under section 299B and that she complies with the construction rules made under section 284, the Central Government may issue in respect of the ship—
(a) if the ship performs international voyages, a certificate in the prescribed form to be called a cargo ship safety construction certificate;
(b) in other cases, a certificate in the prescribed form, to be called a cargo ship construction certificate.
certificates and construction certificates for cargo ships.
(2) Where in respect of any such ship as is referred to in sub-section (1) there is in force an exemption certificate granted under section 302 of the Act and the Central Government is satisfied that the ship complies with all the requirements referred to in that sub-section other than those from which the ship is exempt under that certificate, the Central Government may issue in respect of the ship a certificate in the prescribed form to be called a qualified cargo ship safety construction certificate or a qualified cargo ship construction certificate.
299B, (1) The Central Government may, subject to the condition of previous publication, make rules to regulate the making of surveys of cargo ships under this Part.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —
(a) the times and places at which, and the manner in which, surveys are to be made;
(b) the requirements as to construction, machinery, equipment and marking of sub-division load-lines which are to be fulfilled by cargo ships generally or by any class of cargo ships in particular;
(c) the duties of the surveyor making a survey;
(d) the rates according to which the fees payable In respect of surveys are to be calculated in the case of all Or any of the places or ports of survey;
(e) the closing of, and keeping closed, the openings in ships' hulls and any water-tight bulk-heads;
(f) the securing of, and keeping in place, and the inspection of, contrivances for closing any such openings as aforesaid;
Power to make rules.
IQ4 THE GAZETTE OF INDIA EXTRAORDINARY [PAHT II
(gr) the operation of mechanisms of contrivances for closing any such openings as aforesaid and the drills in connection with the operation thereof; and
(h) the entries to-be made in the official log book or other record to be kept of any of the matters aforesaid.".
Amendment ot section 300,
18. In se; .ion 300 of the principal Act,—
(a) in sub-section (2),—
(i) for the words "any Indian ship of five hundred tons gross or more, not being a passenger ship,", the words "any Indian cargo ship of five hundred tons gross or more," shall be substituted;
(ii) the words "and radio telegraphy or radio telephony installation" shall be omitted;
(Hi) in clause (a), for the words "safety equipment certificate", the words "cargo ship safety equipment certificate" shall be substituted;
(iv) in clause (b), for the words "equipment certificate", the words "cargo ship equipment certificate" shall be substituted;
(b) in sub-section (2), after the word "qualified", at both the places where it occurs, the words "cargo ship" shall be inserted.
Amendment of section 301.
19. In section 301 of the principal Act,—
(a) for the words "any Indian ship, not being a passenger ship,", the words "any Indian cargo ship" shall be substituted;
(b) in clause (a), before the word "safety", at both the places where it occurs, the words "cargo ship" shall be inserted;
(c) in clause (b), before the word "radio" at both the places where it occurs, the words "cargo ship" shall be Inserted.
Amendment of section 303
20. In section 303 of the principal Act,—
(a) in sub-section (1), for the words "safety equipment certificate, a qualified safety equipment certificate, an equipment certificate and a qualified equipment certificate", the words "cargo ship safety equipment certificate, a qualified cargo ship safety equipment certificate, a cargo ship equipment certificate and a qualified cargo ship equipment certificate" shall be substituted;
(b) after sub-section (1), the following sub-sections shall be inserted, namely:—* "(1A) A cargo ship safety construction certificate, a qualified cargo ship safety construction certificate, a cargo SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 195 ship construction certificate and a qualified cargo ship construction certificate shall be in force for five years from the date of its issue or for such shorter period as may be specified in the certificate.
(IB) An exemption certificate issued under section 302 shall be in force for the period for which the certificate to which it relates remains in force or for such shorter period as may be specified in the exemption certificate.";
(c) in sub-section (2), for the word, brackets and figure "sub-section (1)", the words, brackets, figures and letters "subsection (1), (L4) or (IB)" shall be substituted;
(d) for sub-section (3), the following sub-section shall be substituted, namely: — " (3) The Central Government or any person authorised by it in this behalf may grant an extension of any certificate issued under this Part in respect of an Indian ship—
(a) where the ship is absent from India on the date when the certificate would, but for the extension, have expired, for such period not exceeding five months from the said date as may be sufficient to enable the ship to return to the port in India at which it is to be surveyed;
(b) in any other case, for a period not exceeding one month from the said date:
Provided that any extension granted under clause (a) shall cease to be operative upon the ship's arrival at the port referred to in that clause:
Provided further that no extension shall be granted under clause (b) in respect of a certificate extended under clause (a).".
21. In section 304 of the principal Act, in sub-section (1), for the words "a safety certificate", the words "a passenger ship safety certificate" shall be substituted.
Amendment of section
304.
22. In section 306 of the principal Act,—
(a) in sub-section (I), for the word "registered", the words "registered or to be registered" shall be substituted;
Amendment of section
306.
217 G. of I —2.
I 9 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
(b) in sub-section (2), for the words "in respect of an Indian ship", the words "in respect of a ship registered or to be registered in India" shall be substituted.
Amendment of section
307.
23. In section 307 of the principal Act,—
(a) in sub-seclion (1), for the words "safety certificate" at both the places where they occur, the words "passenger ship safety certificate" shall be substituted;
(b) In sub-section (2),—
(i) for the words "Indian ship, of five hundred tons gross or more, not being a passenger ship,", the words "Indian cargo ship of five hundred tons gross or more" shall be substituted;
(ii) for clause (b), the following clause shall be substituted, namely: — " (b) a cargo ship safety construction certificate issued under section 299A, a cargo ship safety equipment certificate issued under section 300 and a cargo ship safety radio telegraphy certificate or a cargo ship safety radio telephony certificate issued under section 301, or";
(Hi) in clause (c), for the words "qualified safety equipment certificate", the words "qualified cargo ship safety equipment certificate" shall be substituted;
(c) after sub-section (2), the following sub-section shall be inserted, namely: — " (2A) No sea-going Indian cargo ship, less than 500 tons gross but not less than 300 tons gross, shall proceed on a voyage from any port or place in India to any port or place outside India unless there is in force in respect of the ship a cargo ship safety radio telephony certificate issued under section 301.";
(d) in sub-section (3),—
(i) for the words "Indian ship of five hundred tons gross or more, not being a passenger ship/', the words "Indian cargo ship of five hundred tons gross or more" shall be substituted;
(ii) in clause (a), for the words "an equipment certificate", the words "a cargo ship equipment certificate" shall be substituted;
Sue. 1] THE GAZETTE OF INDIA EXTRAORDINARY 197 (Hi) in clause (b), for the words "qualified equipment certificate", the words "qualified cargo ship equipment certificate" shall be substituted;
(iv) in clause (c), before the word "radio", at both the places where it occurs, the words "cargo ship" shall be inserted.
24. In section 308 of the principal Act,—
(a) in sub-section (1), for the words "every ship other than an Indian ship being a passenger ship or being a ship of five hundred tons gross or more", the words "every ship, being a passenger ship or being a cargo ship of three hundred tons gross or more" shall be substituted;
(b) in sub-section (2), the words "other than an Indian ship" shall be omitted;
(c) after sub-section (2), the following sub-section shall be inserted, namely: — " (3) Nothing in this section shall apply in respect of an Indian ship or a nuclear ship,".
Amendment of section
30B.
25. In section 309 of the principal Act, after the word and figures "sections 299,", the figures and letter "299A," shall be inserted.
Amendment of section
309.
26. After section 309 of the principal Act, the following section shall be inserted, namely: — Insertion of new section 309A "309A. Where any survey of a ship for the purpose of issue under this Part of a safety convention certificate has been completed, then, notwithstanding anything contained in this Act, the owner, agent or master of the ship shall not, until such certificate has been issued, make, or cause to be made, any alteration in the structural arrangements, machinery, equipment and other matters covered by the survey without the prior written permission of the Central Government or a person appointed by that Government in this behalf.".
Alteration pending issue of a safety oonvention certificate*
27. In section 331 of the principal Act,—
(a) for sub-section (2), the following sub-section shall be substituted, namely: — " (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the classification, packing, labelling and marking of such goods or nn.y Amendment of section 331/ 198 THE GAZETTE OF INDIA EXTRAORDINARY [PART II class of such goods, stowing of such goods (whether with or without other cargo) including plans for stowing, the fixing of the maximum quantity of any such class of goods which may be carried in different ships or classes of ships, and such other matters relating to dangerous goods as require to be provided for implementing the provisions of the Safety Convention.";
(b) in the Explanation, for the words "but shall not include any fog or distress signals or like equipment required to be carried by the ship under this Act or the rules or regulations thereunder.", the following shall be substituted, namely: — "but shall not include,--
(a) any fog or distress signals or other stores or equipment required to be carried by the ship under this Act or the rules or regulations thereunder;
(b) particular cargoes carried in ships specially built or converted as a whole for that purpose, such as tankers.".
Insertic of new section
331A.
28. After section 331 of the principal Act, the following section shall be inserted, namely: — Grainloading plan.
"331A. (1) No grain shall be loaded on board any Indian ship anywhere unless there is in force in respect of such ship a grain-loading plan approved under sub-section (3) or sub-section (4).
(2) The grain-loading plan shall be in such form and contain such particulars as to the stability of the ship, circumstances of loading on departure and arrival, the main characteristics of the fittings used to prevent the shifting of cargo and such other matters as may be prescribed, having regard to the rules made under sub-section (5) of section 332.
(3) Save as otherwise provided in sub-section (4), the grain-loading plan shall be submitted to the Central Government for approval and that Government may, having regard to the rules made under sub-section (5) of section 332, the stability of the ship and the circumstances of loading on departure and arrival, approve the plan with such modifications, if any, as it may deem necessary.
(4) The Central Government may request the Government of a country to which the Safety Convention applies to approve the grain-loading plan of an Indian ship and an approval given in pursuance of such a request and containing a statement that It has been so given shall have effect for the purposes of this section as if the approval had been given by the Central Government.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 199
(5) The Central Government may, at the request of the Government of a country to which the Safety Convention applies, approve the grain-loading plan of a ship registered in that country if the Central Government is satisfied, in the like manner as in the case of an Indian ship, that such approval can properly be given and where approval is given at such a request, it.
shall contain a statement that it has been so given.
(6) It is hereby declared that for the purpose of section 208 (which requires documents relating to navigation to be delivered by the master of a ship to his successor) the plan shall be deemed to be a document relating to the navigation of the ship.".
29. In section 332 of the principal Act,—
(a) after sub-section (2), the following sub-section shall be inserted, namely: — " (2A) Where grain is loaded on board an Indian ship in accordance with a grain-loading plan approved under section 331A or where grain is loaded on board any other ship in accordance with a grain-loading plan approved by or on behalf of the Government of the country in which that ship Is registered, the ship shall be deemed, for the purposes of subsections (1) and (2), to have been loaded with all necessary and reasonable precautions.";
(b) in sub-section (3),—
(i) in clause (a), the word "and" where it occurs last, shall be omitted;
(ii) for clause (b), the following clauses shall be substituted, namely: — " (b) the kind of grain carried and quantity thereof stated in cubic feet, quarters, bushels or tons weight;
and
(c) the mode in which the grain is stowed and the precautions taken to prevent the grain from shifting and where the grain has been stowed in accordance with the ship's grain-loading plan, if any, that it has been so stowed.";
(c) for sub-section (4), the following sub-section shall be substituted, namely:—( "(4) Any person authorised in this behalf, by general or special order of the Central Government may, for securing the observance of the provisions of this section, go on Amendment of section
332.
200 THE GAZETTE OF INDIA EXTRAORDINARY [PART II board a ship carrying a cargo of grain and require the production of the grain-loading plan of the ship and inspect the mode in which the cargo is stowed in the ship.";
(d) in sub-section (5), for the words "make rules in relation to the loading of ships", the words "make rules in relation to grain-loading plans and the loading of ships" shall be substituted; i
(e) in sub-section (6), for the words "this section", the words, figures and letter "section 331A and this section" shall be substituted.
Amendment of section
343.
30. In section 343 of the principal Act, in sub-section (2), for the words "any ship of less than five hundred tons gross other than a passenger ship", the words "any cargo ship of less than three hundred tons gross" shall be substituted.
Insertion of new Part IXA.
31. After Part IX of the principal Act, the following Part shall be inserted, namely: — "PART IXA NUCLEAH SHIPS Application of Act to nuclear ships.
344A. (1) This Part applies only to nuclear ships.
(2) Notwithstanding anything contained in this Act, a nuclear ship shall not be required to obtain or produce any certificate leferred to in sub-clauses (i) to (ix) of clause (38) of section 3 or, as the case may be, any like valid safety convention certificate.
(3) The Central Government may, by notification in the Official Gazette, direct that any of the provisions of this Act (other than the provisions of this Part and the provisions of section 456) specified in the notification—
(a) shall not apply to nuclear ships; or
(b) shall apply to nuclear ships, only with such exceptions, modifications and adaptations as may be specified in the notification.
(4) A copy of every notification proposed to be issued under sub-section (3) shall be laid in draft before both Houses of Parliament for a period of not less than thirty days while they are SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 201 in session and it shall not be issued until it has been approved, whether with or without modification by each House of Parliament.
344B. (1) If in respect of any Indian nuclear passenger or cargo ship the Central Government is satisfied that the ship has been surveyed in accordance with this Act and has been inspected by a person appointed in this behalf by the Central Government and has complied with such special requirements, if any, as that person has, after such inspection, specified, the Central Government may issue—
(a) in the case of a passenger ship, a nuclear passenger ship safety certificate;
(b) In the case of a cargo ship, a nuclear cargo ship safety certificate.
(2) A certificate issued under sub-section (1) shall be in force for a period of twelve months from the date of issue or for such shorter period as may be specified in the certificate.
Nuclear passenger ship safety certificates and.
nuclear cargo ship safety certificates.
344C. (7) No Indian nuclear ship shall proceed on a voyage from any port or place in India to any port or place outside India unless there is in force in respect of the ship—
(a) a nuclear passenger ship safety certificate, if she is a passenger ship;
(b) a nuclear cargo ship safety certificate, if she is a cargo ship.
(2) The master of a ship to which this section applies shall produce to the customs collector from whom a port clearance for the ship is demanded the certificate required by sub-section (1) when the ship proceeds to sea and the port clearance shall not be granted and the ship may be detained until the said certificate is so produced, Prohibition of proceeding to sea without certificates
344D. (I) Every Indian nuclear ship shall have on board a safety assessment and an operating manual in such form and containing such particulars and approved by such authority as may be prescribed.
(2) The safety assessment and the operating manual shall be prepared, maintained and kept up-to-date in such manner as may be prescribed.
Safely assessment and operating manual.
2O2 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Foreign nuclear ships to give advance notice of arrival.
344E. (7) No nuclear ship, other than an Indian ship, shall enter the territorial waters of India unless the master, owner or agent thereof has given such advance notice of the ship's intended arrival in India as may be prescribed, to such authority as may be specified by the Central Government, and has forwarded along with the notice a true copy of the ship's safety assessment to that authority.
(2) If on the examination and evaluation of the ship's safety assessment the authority referred to in sub-section (1) is of opinion that the entry of the ship will involve unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may direct the nuclear ship not to enter the territorial waters of India and the ship shall comply with such direction.
Control on arrival o£ nuclear ships.
344F. (1) The master of every nuclear ship shall, on arrival at a port in India, give notice of the ship's arrival in the prescribed form to such authority as the Central Government may specify in this behalf.
(2) Any person authorised in this behalf (hereinafter referred to as the authorised person), by general or special order of the Central Government, may go on board such ship for the purpose of verifying that she has on board a valid nuclear passenger ship safety certificate orv as the case may be, nuclear cargo ship safety certificate and for the purpose of satisfying himself after examining the safety assessment and operating manual and such other things as he deems fit that there are no unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources.
(3) If the authorised person is satisfied after such examination that there are no unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may issue a certificate to that effect.
Notice of accidents to nuclear ships.
344G. (1) Where an Indian nuclear ship meets with an accident and such accident is likely to lead to environmental hazards, the master of the ship shall forthwith give notice of the accident—
(a) to such officer or authority as may be specified in this behalf by the Central Government; and
(b) if the ship is in or intends to enter the territorial waters of a foreign State, also to the appropriate Governmental authority of the State.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 203
(2) Where a nuclear ship other than an Indian ship meets with an accident of the nature specified in sub-section (1) while she is in the territorial waters of, or at a port in, India, the mister of the ship shall forthwith give notice of the accident to the officer or authority specified under clause (a) of sub-section (1).
(3) On receipt of a notice tinder sub-section (7) or subsection (2), the officer or authority specified under clauie
(a) of sub-section (7) shall issue such directions as he thinks necessary and expedient in the circumstances of the case and investigate into the causes of the accident in such manner as may be prescribed.
(4) A copy of the directions issued under sub-section (3) and a report of the findings of the investigation shall be sent to the Central Government within such time as may be prescribed.
(5) Where a nuclear ship other than an Indian ship meets with an accident of the nature specified in sub-section (1) at any port or place outside India and intends to enter the territorial waters of India in a damaged condition, the master of such ship shall give notice of the nature of the accident and the condition of the ship in such form as may be prescribed to the officer or authority specified under clause (a) of sub-section (I) and shall comply with such directions as that officer or authority may give,
(0) The provisions of this section are in addition to and not In derogation of the provisions of Part XII of this Act.
344H. (1) The provisions of sections 228 to 231 (inclusive) shall, so far as may be, apply to and in relation to every certificate issued by the Central Government under section 344B in the same manner as they apply to and in relation to a certificate of survey.
(2) The provisions of section 309A shall apply to and in relation to a nuclear ship surveyed for the purpose of issue of a certificate under section 344B as they apply to and in relation tc a ship surveyed for the purpose of issue of a safety convention.
certificate under Part IX.
AppUca.
tten of certain •action* \» or la relation to certain certificateg under ««etion SUB.
3441. (1) The Central Government may, by notification in the Official Gazette, make ruleR to carry out the purposes of this Part.
Powtr to make rttl«i.
217 G of 1—3.
204 THE GAZETTE OF INDIA EXTRAORDINAEY [PAHT II
(2) In particular and without prejudice to the generality ol the foregoing power, such rules may provide for all or any of the following matters, namely: —
(a) the design, construction and standards of inspection and assembly of the reactor installations of nuclear ships;
(b) the standards of safety of nuclear ships;
(c) the manner of survey of nuclear ships;
(d) the forms in which certificates under this Part may be issued;
(e) the form and manner in which the safety assessment and operating manual of a nuclear ship are to be prepared, maintained and kept up-to-date and the particulars to be contained therein;
(f) the form of notices under this Part and the time when such notices should be given;
(gf) the manner in which investigations may be mado into causes of accidents to a nuclear ship;
(h) the special precautions to be taken against unreasonable radiation or other nuclear hazards to the crew, passengers and other persons, to waterways and to food.and water resources;
(i) the manner in which radio-active waste from nuclear ships is to be stowed and disposed of;
(j) the manner in which the reactor fuelling, defuelling and refuelling, and maintenance of nuclear ships are to bo carried out;
(fc) the special training for and qualifications of, masters and seamen of nuclear ships;
(I) the special requirements relating to approach, entry into, stay in or departure from, an Indian port of a nuclear ship;
(m) the procedure to be followed for determining the operational conditions of a nuclear ship;
(n) the protection and closure of the reactor installation of nuclear ships in the case of a collision, grounding, fire, leakage of radio-active material or other accident;
SEC. l j THE GAZETTE OF INDIA EXTRAORDINARY 20
(0) the fees to be charged for any inspection survey or certificate under this Part;
(p) any other matter which has to be or may be prescribed.".
32. In section 354 of the principal Act, after the Words "direct danger to navigation", the words "or on encountering sub-freezing air temperatures associated with gale-force winds, causing severe ice accretions on super-structures or strong gales for which no storm warning has been received by him" shall be inserted.
Amendment of section
354.
33. After section 354 of the principal Act, the following section shall be inserted, namely: — Insertion of new section
354A.
"354A, (i) Where an authority prescribed under section 354 receives intelligence from any source of any danger to navigation mentioned in that section, that authority shall, as soon as possible, communicate such intelligence to such ships and authorities as he may deem proper.
(2) The intelligence shall be communicated In such manner nnd subject to such terms and conditions as may be prescribed:
Provided that no fees shall be levied for communicating any intelligence under this section to a ship.".
34. After section 355 of the principal Act, the following section shall be inserted, namely: — Insertion of new section 353A, "355A. (1) The master of every Indian ship shall render assistance to every person found at sea in danger of being lost, unless he is unable or, in the special circumstances of the case, considers that such assistance cannot be rendered without serious danger to his ship, or the persons thereon.
(2) If the master of an Indian ship is unable or considers it unreasonable to go to the assistance of a person found at sea in danger of being lost, the master shall forthwith cause a statement to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of that person.".
Obligation to render assistance to persons In danger.
3c6 THE GAZETTE OF INDIA EXTRAOKDINABY [PAHT it Amcndm«nt »t HI.
35. In eection 356 of the principal Act,—
(a) after clause (a), the following clause shall be Inserted, namtly: — " (aa) the manner of communicating intelligence regarding dangers to navigation, the terms and conditions subject to which such intelligence may be communicated and the fees which may be levied for the communication of intelligence;"^
(b) in clause (b), for the words "signals of distress and of urgency", the words "signals of distress, urgency and of safety" shall be substituted;
(c) in clause (d), for the words "radio telegraphy", the words "radio telegraphy or telephony" shall be substituted.
Am«ndmmA of •Milon
411.
36. Hn section 436 of the principal Act, in sub-section (2), in the tablt,-^
(a) in item 97,—
(1) in the second column, the words, brackets and figure "sub-section (1) of" shall be omitted;
(ii) in the third column, the brackjets and figure "(1)" shall be omitted;
(b) after item 98, the following item shall be inserted, namtly:—i Seriil N».
"9SA Offencei If the owner, agent or master falls to comply with section
309A.
Section of this Act to which offence has reference 309A Penalties Fine which may extend to five hundred rupees."
(c) after item 105, the following item shall b« in»rt»d, namtly: — Serial No.
"X05A Offences If tha owner, agent or master faili to comply with subsection (J ) of section 331A.
Section of this Act to which offence has reference 331A Penalties Fine which may exttnd ta » M thousand rupees. *;
Sfcc 1] THE GAZETTE OP INDIA EXTRAORDINARY 2o7
(d) after item 108, the following items shall be inserted, namely: —'• Serial No.
"108A 108B 108C 108D io8£ Offences If an Indian nuclear ship proceeds or attempts to proceed to sea in contravention of sub-section (1) of section
344C.
If an Indian nuclear ship fails to comply with sub- Bcction(i) of section 3 44D.
If a nuclear ship other than an Indian ship enters the territorial waters of India in contravention of section
344E.
If the master of a nuclear ship fails to give the notice required by sub-section ( J ) of section 344F.
(a) If the master of a nuclear ship fails to give the notice required by sub-section (J ) or sub-section (a) or subsection (5) of section 344G;
(6) if the master of a nuclear ship fails to comply with any directions issued under sub-section (j) or sub-section (5) of section 344G.
Section of this Act to which offence has reference 344C 344D 344E 344F 344G (l),
(3) and (5) 344G (3) and (j) Penalties The master or owner shall be liable to fine which may extend to ten thousand rupees.
The master or owner or agent shall be liable to Imprisonment which may extend to six months, or fine which may extend to ten thousand rupees, or both.
The master shall be liable to fine which may extend to ten thousand rupees.
Fine which mey extend to"e thousand rupees.
Imprisonment which may extend to one year, or fine which may extend to ten thousand rupees, or both;
Imprisonment which may extend to one year, or fine which may extend to ten thousand rupeesj or both.";
(e) after item 115, the following item shall be inaertetL namely:— Serial No.
"115A Offences I If a master fails to comply with section 355A.
Section of this Act to which offence has reference 355A Penalties Imprisonment which may extend to six months or fine which may extend to one thousand rupee* or both.".
208 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Insertion of new section
454A.
37. After section 454 of the principal Act, the following section shall be inserted, namely: — Power to prescribe alternative fittings, etc.
"454A. Where this Act requires that a particular fitting, material, appliance or apparatus or any type thereof shall be fitted or provided for In a ship or that any particular provision shall be made in a ship, the Central Government after satisfying itself by trials or otherwise that any other fitting, material, appliance or apparatus or type thereof or provision Is as effective as that so required, may permit, by general or special order, such other fitting, material, appliance or apparatus or type thereof or provision to be used or provided.".
Amendment of section
456.
38. In section 456 of the principal Act, to sub-section (1), the following proviso shall be added, namely: — "Provided that no exemption which is prohibited by the Safety Convention shall be granted under this sub-section.".
Amendment of section
468.
39. In section 458 of the principal Act,—
(a) in sub-section (2), in clause (a), for the word and figures "section 331", the words, figures and letter "section 331 or section 3441" shall be substituted;
(b) for sub-section (3), the following sub-section shall be substituted, namely:—| "(3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session In which it is so laid or the session immediately following, both Houses agree in making any modification In the rule or the regulation, or both Houses agree that the rule or regulation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.".
SEC 1] THE GAZETTE OF INDIA EXTRAORDINARY 205
40. In Part XVII of the principal Act, after section 460, the following section shall be inserted, namely: — "460A, If any difficulty arises in giving effect to the provisions of this Act, in so far as they relate to the Safety Convention, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.".
Insertion of new section
480A.
Removal of difficulties
41. Notwithstanding the retrospective operation of this Ordinance, no contravention of, or no failure to comply with, any of the provisions of the principal Act as amended by this Ordinance shall render any person guilty of any offence if such contravention or failure—
(i) relates either to any provision inserted in the principal Act by this Ordinance or to any existing provision thereof as amended by this Ordinance, and
(ii) occurred on or after the 28th day of May, 1966 and before the date of publication of this Ordinance in the Official Gazette, Certain contraventions, etc., not to be offences.
S. RADHAKRISHNAN, President.
S. P. SEN-VARMA, Secy, to the Govt, of India, PRINTED I N INDIA BY THE C1ENERAL MANAGER, GOVERNMENT OF INDIA PRESS, JVIINTO ROAD, NEW DELIJI AND PUBLISHED BY THE MANAGER Of PUBLICATIONS, DELHI, 195?.