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रजिस्ट्री सं. डीएल(एन)-04/0007/2003--05 REGISTERED No. DL(N)-04/0007/2003—05

सत्यमेव जयते

साप्ताहिक/WEEKLY

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं. 7] नई दिल्ली, शनिवार, फरवरी 18—फरवरी 24, 2017 (माघ 29, 1938)

No. 7] NEW DELHI, SATURDAY, FEBRUARY 18—FEBRUARY 24, 2017 (MAGHA 29, 1938)

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके

(Separate paging is given to this Part in order that it may be filed as a separate compilation)

विषय-सूची

पृष्ठ सं.

भाग I—खण्ड-1—(रक्षा मंत्रालय को छोड़कर) भारत सरकार के मंत्रालयों और उच्चतम न्यायालय द्वारा जारी की गई विधितर नियमों, विनियमों, आदेशों तथा संकल्पों से सम्बन्ध्ति अध्सिूचनाएं. .............. 149 भाग I—खण्ड-2—(रक्षा मंत्रालय को छोड़कर) भारत सरकार के मंत्रालयों और उच्चतम न्यायालय द्वारा जारी की गई सरकारी अधिकारियों की नियुक्तियों, पदोन्नतियों, छुट्टियों आदि के सम्बन्ध् में अध्सिूचनाएं. .............................................. 143 भाग I—खण्ड-3—रक्षा मंत्रालय द्वारा जारी किए गए संकल्पों और असांविधिक आदेशों के सम्बन्ध में अध्सिूचनाएं. .............................................. 1 भाग I—खण्ड-4—रक्षा मंत्रालय द्वारा जारी की गई सरकारी अधिकारियों की नियुक्तियों, पदोन्नतियों, छुट्टियों आदि के सम्बन्ध में अध्सिूचनाएं. ..... 203 भाग II—खण्ड-1—अधिनियम, अध्यादेश और विनियम. ............ [ भाग II—खण्ड-1क—अधिनियमों, अध्यादेशों और विनियमों का हिन्दी भाषा में प्राधिकृत पाठ. ................ [ भाग II—खण्ड-2—विधेयक तथा विधेयकों पर प्रवर समितियों के बिल तथा रिपोर्ट. ................................... [ भाग II—खण्ड-3—उप खण्ड (i)—भारत सरकार के मंत्रालयों (रक्षा मंत्रालय को छोड़कर) और केन्द्रीय प्राधिकरणों (संघ शासित क्षेत्रों के प्रशासनों को छोड़कर) द्वारा जारी किए गए सामान्य सांविध्कि नियम (जिनमें सामान्य स्वरूप के आदेश और उपविधियां आदि भी शामिल हैं). ................... [ भाग II—खण्ड-3—उप खण्ड (ii)—भारत सरकार के मंत्रालयोेंं (रक्षा मंत्रालय को छोड़कर) और केन्द्रीय प्राधिकरणों (संघ शासित क्षेत्रों के प्रशासनों को [आंकड़े प्राप्त नहीं हुए।

1—461 GI/2016

पृष्ठ सं.

छोड़कर) द्वारा जारी किए गए सांविधिक आदेश और अधिसूचनाएं. ............................ [ भाग II—खण्ड-3—उप खण्ड (iii)—भारत सरकार के मंत्रालयोेंं (जिसमें रक्षा मंत्रालय भी शामिल है) और केन्द्रीय प्राधिकरणों (संघ शासित क्षेत्रों के प्रशासनों को छोड़कर) द्वारा जारी किए गए सामान्य सांविधिक नियमों और सांविधिक आदेशों (जिनमें सामान्य स्वरूप की उपविध्यिां भी शामिल हैं) के हिन्दी प्राधिकृत पाठ (ऐसे पाठों को छोड़कर जो भारत के राजपत्र के खण्ड 3 या खण्ड 4 में प्रकाशित होते हैं). .................................................... * भाग II—खण्ड-4—रक्षा मंत्रालय द्वारा जारी किए गए सांविधिक नियम और आदेश. ...................................... * भाग III—खण्ड-1—उच्च न्यायालयों, नियंत्रक और महालेखापरीक्षक, संघ लोक सेवा आयोग, रेल विभाग और भारत सरकार से सम्बद्ध और अधीनस्थ कार्यालयों द्वारा जारी की गई अध्सिूचनाएं. .............................................. 225 भाग III—खण्ड-2—पेटेंट कार्यालय द्वारा जारी की गई पेटेन्टों और डिजाइनों से सम्बन्धित अधिसूचनाएं और नोटिस [ भाग III—खण्ड-3—मुख्य आयुक्तों के प्राधिकार के अधीन अथवा द्वारा जारी की गई अध्सिूचनाएं. ......... [ भाग III—खण्ड-4—विविध अधिसूचनाएं जिनमें सांविधिक निकायों द्वारा जारी की गई अधिसूचनाएं, आदेश, विज्ञापन और नोटिस शामिल हैं. ................................ 11 भाग IV—गैर-सरकारी व्यक्तियों और गैर-सरकारी निकायों द्वारा जारी किए गए विज्ञापन और नोटिस. .... 183 भाग V—अंग्रेजी और हिन्दी दोनों में जन्म और मृत्यु के आंकड़ों को दर्शाने वाला सम्पूरक. ............................ [

(149)150 THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) [PART I—SEC. 1

CONTENTS

Page No.

PART I—SECTION 1—Notifications relating to Non- Statutory Rules, Regulations, Orders and Resolutions issued by the Ministries of the Government of India (other than the

149 Ministry of Defence) and by the Supreme Court ......................................................... PART I—S ECTION 2—Notifications regarding Appointments, Promotions, Leave etc. of Government Officers issued by the Ministries of the Government of India

143

1 (other than the Ministry of Defence) and by the Supreme Court ............................... PART I—SECTION 3—Notifications relating to resolutions and Non-Statutory Orders issued by the Ministry of Defence....................................

PART I—S ECTION 4—Notifications regarding

203

* Appointments, Promotions, Leave etc. of Government Officers issued by the Ministry of Defence ................................................ PART II—SECTION 1—Acts, Ordinances and Regulations PART II—SECTION 1A—Authoritative texts in Hindi language, of Acts, Ordinances and

Regulations ............................................... *

PART II—SECTION 2—Bills and Reports of the Select

* Committee on Bills ................................... PART II—S ECTION 3—SUB-SECTION (i)—General Statutory Rules (including Orders, Bye- laws, etc. of general character) issued by the

* Ministry of the Government of India (other than the Ministry of Defence) and by the Central Authorities (other than the Administration of Union Territories) ........ PART II—SECTION 3—SUB-SECTION (ii)—Statutory Orders and Notifications issued by the

Ministries of the Government of India (other than the Ministry of Defence) and

*Folios not received.

Page No.

by the Central Authorities (other than the Administration of Union Territories) ..... *

PART II—SECTION 3—SUB-SECTION (iii)—Authoritative texts in Hindi (other than such texts, published in Section 3 or Section 4 of the Gazette of India) of General Statutory Rules

& Statutory Orders (including Bye-laws of a general character) issued by the Ministries of the Government of India (including the Ministry of Defence) and by Central Authorities (other than Administration of Union Territories) .........

*

PART II—SECTION 4—Statutory Rules and Orders issued by the Ministry of Defence ...........

*

PART III—SECTION 1—Notifications issued by the High Courts, the Comptroller and Auditor

225 General, Union Public Service Commission, the Indian Government Railways and by Attached and Subordinate Offices of the Government of India .................................

PART III—SECTION 2—Notifications and Notices issued by the Patent Office, relating to Patents and Designs ............................................. *

PART III—SECTION 3—Notifications issued by or under the authority of Chief Commissioners ...... *

PART III—SECTION 4—Miscellaneous Notifications including Notifications, Orders, Advertisements and Notices issued by

11 Statutory Bodies .......................................

PART IV—Advertisements and Notices issued by Private

183 Individuals and Private Bodies .................

PART V—Supplement showing Statistics of Births and

Deaths etc. both in English and Hindi ......

*भारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) भाग I—खण्ड 1] 151 भाग I— खण्ड 1

[PART I—SECTION 1]

[(रक्षा मंत्रालय को छोड़कर) भारत सरकार के मंत्रालयों और उच्चतम न्यायालय द्वारा जारी की

गई विध्तिर नियमों, विनियमों, आदेशों तथा संकल्पों से संबंधित अधिसूचनाएं]

[Notifications relating to Non-Statutory Rules, Regulations, Orders and

Resolutions issued by the Ministries of the Government of India

(other than the Ministry of Defence) and by the Supreme Court]

——————

स्थान

न्द्र

में आंशिक संशोधनों को करते हुए सामान्य सूचना हेतु एतद्‌द्वारा यह अधिसूचित किया जाता है कि अन्य देशों को निर्यात करने के उद्देश्य से पादपों

पादपभारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) 152 [भाग I—खण्ड 1 प्रविष्टियों

अश्विनी कुमार

——————————

:

8-217/2004- ), .

युवा कार्यक्रम और खेल मंत्रालय

नई दिल्ली, दिनांक 28 दिसम्बर 2016

संकल्प

सं. ई-11015/2/2016-हिंदी--संसदीय कार्य मंत्रालय के दिनांक 14.12.2016 के कार्यालय ज्ञापन सं. फा. 2-40(1)2000-समिति के अनुसरण में श्री श्वेत मलिक, संसद सदस्य (राज्य सभा) का नाम युवा कार्यक्रम और खेल मंत्रालय की हिंदी सलाहकार समिति में शामिल किए जाने के परिणामस्वरूप भारत सरकार एतदद्‌वारा श्री विजय गोयल, युवा कार्यक्रम ओर खेल राज्य मंत्री (स्वतंत्र प्रभार) के स्थान पर श्री श्वेत मलिक, संसद सदस्य (राज्य सभा) को मंत्रालय की हिंदी सलाहकार समिति में सदस्य के रूप में नामित करती है।

2. दिनांक 02.07.2015 के समसंख्यक पूर्वतर्वी संकल्प में मंत्रालय की हिंदी सलाहकार समिति से संबंधित सभी उल्लिखित निबंधन और शर्तें पूर्ववत रहेंगी।

ललित कुमार गुप्ता संयुक्त सचिव

, 2 2017

सं. --

।

——————————

(), 2013

I

1.1 : (), 2013

1.2

1.3 :-

,

(a) "" , , (b) ""

(c) '' " , / ' '

(d) " "भारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) 154 [भाग I—खण्ड 1 , , 1

(e) " " , ,

(f) " " , - (1958 44), 1958

(g) "" (h) " " , , 1948 8 (1)

(i) " " - , , , ,

(j) " // " / () /

(k) " " () , 1963

(l) " ()" / ( ) , 2004

(m) " " ,

(n) " " , 1948 40

(o) "" , , , - , (), (),

(p) "" - , ,

( q ) " "

(r) " " -, , - , , , ,

(s) " ": , - , (t) "" , 1908

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(w) "" , , - (x) "" , 1948 41-()

(y) "" , 1958

(z) "" , 1948 2 (1)

अध्याय II

पोत की किस्में और विशेष ध्यान देने योग्य पोत

2.1 :- " " :-

a. ,

b. ,

c. ,

d. 20,000 () -/- () , e. , ,

f. (),

g. 8 1.5 -

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|

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3.1.1 , () 7

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3.2 , ,भारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) भाग I—खण्ड 1] 157 ,

3.3 - - - -

की प्रक्रिया

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:

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3.5भारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) 158 [भाग I—खण्ड 1 3.8 3.7 ,

3.9 :- , / - / 3.4 1 3.5 5 /

3.10 / ()/ ()/ , / ,

3.11 , / , / , () , / () , 20,000

,

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(ix) ;

( x )

( x i ) ;

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(xiii) , (), ( ), ( ) , ,

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(i) ।

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(vii) ' ' , 7

(viii) , /

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3.15 - , / , / - - V - V

3.16 (20000 ) /

3.17 3.13 , 3.13 , / , - - / - मंजूरी

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, 1962 24 / - - /

3.21 ( ) , /

3.22 , / / , , , / ,

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3.28 - , 5

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(ii)

(iii)

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3.31 / ,

IV

4.1 () :- - , ,

, / / / 1948 68

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4.3 / () ,

4.4 /

4.5 ,

4.6 / , , ,

4.7 , , , // , , , / , , /

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5.3 :- ()/ - () , / : -

(i)

a. - b. , ()

c. , ²⁰⁰⁴ अंतर्गत d.

e.

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g. , 1948

(ii) , 1948 46 47 / , , 1948 17 , 18 , 19 , 42 45 - (iii) /-

(iv) (v) ( ) (vi) , 1948 50 - ' ' (vii)

(viii)

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5.4 /भारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) भाग I—खण्ड 1] 163 , ,

5.5 , 1948 29 ,

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(iii) , (H2S)

(iv) यार्ड पर रोशनी की उपयुक्त व्यवस्था की गई हो।

(v) प्रत्येक एसआरएफ में एक विस्तृत आपातकालीन एवं बचाव योजना होगी। अपातकालीन योजना का हर 6 महीनों में अभ्यास होना चाहिए। इसके अलाव, पूरे जिले के लिए एक कार्यस्थलेतर आपातकालीन योजना तैयार की जाएगी और वर्ष में एक बार उसका अभ्यास किया जाएगा।

5.9.2 , / -

5.10 :

5.10.1 / , -IV / ()

5.10.2 () :-

, ,

(i) -

(ii)

(iii)

().

(iv) ()

(v) () () "- " , /

(vi) :-

- / / (vii) ,

(a)

(b) -

(c)

(viii) सहित एसएमबी/पत्तन प्राधिकारी की प्राधिकृत एजेन्सी को सौंप देना होगा।

(ix) एस्बेस्टॉस मुख्य , , () , - , / (IS 11767:1986) 100भारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) भाग I—खण्ड 1] 165 (x) ,

5.10.3

5.10.2 , :-

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III. – सामग्री , ,

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5.11

, -VII /

VI

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6.1

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(v) , - (6 (), 8 , 12 , )

(vi) 2 2भारत का राजपत्र, फरवरी 18, 2017 (माघ 29, 1938) 166 [भाग I—खण्ड 1 (vii)

(viii) ख , , 1948 36, 41 112 , , 1948 2 ()

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,

(xii) , , ( ) , 2016 ( ) , 1987

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(xiv) , :

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f. ;

g. :

h.

(xv) ।

6.1.4 / :-

(i) | ।

(ii) ।

(iii) । , / , / ।

।

(iv) / ।

(v) ।

(vi) / - । , - ।

(vii) , / ।

(viii) । , ।

6.1.5 / | ।

⁶.¹.⁸ , ¹⁹⁴⁸ ।

(a) ।

(b) () () । / ।

6.1.9 - , , , । / । ।

, । ।

6.1.10 :-

(a) , // / । / ।

(b) : ।

/ ।

(c) - / ।

( < 10%) ।

(d) , , - , , / ।

() , () ।

(e) , | ।

(f) : । । , , , 1948 2 () | , 1948 29 ।

(g) () । । , , । ।

(h) " " , / , /

।

(i) / , | / ।

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, 2013

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(

)192 THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) [PART I—SEC. 1

MINISTRY OF CONSUMER AFFAIRS, FOOD & PUBLIC DISTRIBUTION

(DEPARTMENT OF FOOD & PUBLIC DISTRIBUTION)

New Delhi, the 20th January 2017

AMENDMENT

No. E-11015/4/2014-Hindi—With regard to the reconstitution of Hindi Advisory Committee of Ministry of Consumer Affairs, Food & Public Distribution, the amendment in the serial number 5 under the head Members of Rajya Sabha in the resolution of even number of this Department dated 5th February, 2014 is made as follows :—

For

Shri V. P. Singh Badnore — Member of Parliament (Rajya Sabha)

Read

Shri Shiv Pratap Shukla — Member of Parliament (Rajya Sabha)

DHIRENDRA KUMAR Deputy Secretary

MINISTRY OF AGRICULTURE & FARMERS WELFARE

(DEPARTMENT OF AGRICULTURE, COOPERATION & FARMERS WELFARE)

New Delhi, the 12th January 2017

No.8-217/2004-PP.I (Pt.)—In partial modification of Government of India, Ministry of Agriculture & Farmers Welfare, Department of Agriculture, Cooperation & Farmers Welfare Notification No.8-97/91-PP.I dated 26.11.1993, as amended from time to time, it is hereby notified for general information that the following entries shall be included by way of addition or replacement under the relevant heads specifying officers, by designation, who are authorized to inspect, fumigate or disinfect and grant phytosanitary certificates in respect of plants and plant materials intended for export to other countries, which require such certificates:

I. Central Government

(li) The Officer-in-Charge, Plant Quarantine Station, Paradeep (Odisha) [Code No. 'C' (PPQS) 1 (51)]

(lii) The Officer-in-Charge, Plant Quarantine Station, Gopalpur (Odisha) [Code No. 'C' (PPQS) 1 (52)]

(liii) The Officer-in-Charge, Plant Quarantine Station, ICD Sanand, Ahmedabad (Gujarat) [Code No. 'C' (PPQS) 1 (53)]

(liv) The Officer-in-Charge, Plant Quarantine Station, Pudducherry [Code No. 'C' (PPQS) 1 (54)]

(lv) The Officer-in-Charge, Plant Quarantine Station, Hyderabad (Telangana) [Code No. 'C' (PPQS) 1 (55)]

(lvi) The Officer-in-Charge, Plant Quarantine Station, Cuddalore (Tamil Nadu) [Code No. 'C' (PPQS) 1 (56)]PART I—SEC. 1] THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) 193 (lvii) The Officer-in-Charge, Plant Quarantine Station, Baghdogra Airport (West Bengal) [Code No. 'C' (PPQS) 1 (57)]

(lviii) The Officer-in-Charge, Plant Quarantine Station, Central Integrated Pest Management Centre,

Nasik (Maharashtra) [Code No. 'C' (PPQS) 1 (58)]

In the said notification, the following entry shall replace the existing entries under the relevant head:

(xxi) The Officer-in-charge Plant Quarantine Station, Madgaon (Goa) [Code No. 'C' (PPQS) 1 (23)]

(xxii) The Officer-in-charge Plant Quarantine Station, Lucknow (Uttar Pradesh) [Code No. 'C' (PPQS) 1 (24)]

ASHWANI KUMAR Joint Secretary

Note: The original notification was issued by Department of Agriculture & Cooperation vide notification no. 8-97/91-PP.I dated 26.11.1993 and subsequently modified vide notification no. 8-97/91-PP.I dated 25.11.97, notification no. 8-70/98-PP.I dated 30.09.1999, notification no. 8-86/2000-PP.I dated 06.11.2001, notification no. 8-86/2000-PP.I dated 06.05.2002, notification no. 8-86/2000-PP.I dated 30.05.2002, notification no. 8-33/2003-PP.I dated 7.6.2004, notification no.8-217/2004-PP.I(pt.) dated 11.05.05, notification no.8-217/2004-PP.I(pt.) dated 20.06.05, notification no.8-217/2004- PP.I(pt.) dated 8.12.05, notification no.8-217/2004-PP.I(pt.) dated 9.1.06, notification no.8-217/2004-PP.I(pt.) dated 26th December, 2011, notification no. 8-217/2004-PP.I(pt.) dated 30th January, 2013, notification no. 8-217/2004-PP.I(pt.) dated 6th July, 2015 and notification no. 8-217/2004-PP.I(pt.) dated 21st June, 2016.

MINISTRY OF YOUTH AFFAIRS AND SPORTS

New Delhi-110001, the 28th December 2016

RESOLUTION

No. E.-11015/2/2016-Hindi—Consequent upon the inclusion of his name in Hindi Salahakar Samiti of the Ministry of Youth Affairs and Sports as communicated vide Ministry of Parliamentary Affairs' O.M. No. F. 2-40(1)/2000-Committee dated 14.12.2016, Government of India hereby nominates Shri Shwati Malik, MP (Rajya Sabha) as member in Hindi Salahakar Samiti of the Ministry in place of Shri Vijay Goel, Minister of State for Youth Affairs and Sports (IC).

2. All the terms and conditions of the Hindi Salahakar Samiti mentioned in earlier resolution of even number dated 02.07.2015 will remain the same.

LALIT KUMAR GUPTA Joint Secretary

MINISTRY OF SHIPPING

New Delhi, the 2nd February 2017

ORDER

No. SR-19021/2/2014-MG (SBR) Vol.III—In exercise of the powers conferred by para 8.4.1 of the Shipbreaking Code, 2013, published by the Ministry of Steel vide order dated 7th March, 2013, the Government of India in the Ministry of Shipping hereby formulates the Shipbreaking Code (Revised), 2013, as given in the Schedule to this Order.

J. K. BUBANA Deputy Secretary194 THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) [PART I—SEC. 1 SCHEDULE

SHIPBREAKING CODE (REVISED), 2013

CHAPTER I

1.1 Short title and Commencement: This may be called Shipbreaking Code (Revised), 2013.

1.2 The code shall come into force with effect from the date of its publication in the official Gazette and shall remain in operation until the concerned enactments are amended on line with the Code.

1.3 Definitions :-

In this Code, unless the context otherwise requires

(a) "Administration" means the Government of the country whose flag the ship is entitled to fly, or under whose authority it is operating.

(b) "AERB" means Atomic Energy Regulatory Board under the Atomic Energy Commission.

(c) ''Authorized Ship Recycling Yard" means a ship recycling plot or plots in cluster developed to cater to safe and environmentally sound ship recycling, allotted by the SMB or Port Trust/Authority and for which 'Authorization' has been issued by the concerned State Pollution Control Board for the purpose of Ship Recycling.

(d) "Certificate of Inventory of Hazardous Materials" means a certificate to be issued by the Administration, or in the absence of such Certificate being issued by an Administration, the Certificate to be issued by the Master of the ship or the Shipowner, which lists the hazardous materials on board the ship in the format as prescribed in Annexure II.

(e) "DG FASLI" means Directorate General Factory Advice Service & Labour Institute a technical arm of the Ministry of Labour & Employment, Government of India.

(f) "D G Shipping" means the Directorate General of Shipping, the authority constituted under the provisions of Merchant Shipping Act (44 of 1958), 1958, as may be amended from time to time.

(g) "Employer" means any natural or legal person that employs one or more workers, engaged in Ship Recycling.

(h) "Factory Inspector" means an inspector appointed under Sub-Section (1) of Section 8 of the Factories Act, 1948

(i) "Hazardous Material" means any substance or material which, by reason of its chemical or physio-chemical properties or handling, is liable to cause harm to human beings, other living creatures, plant, micro-organism, property or the environment.

(j) "Owner of a ship Recycling plot/yard/facility" means any person or body permitted/authorized by the State Maritime Board (SMB) or Port Trust for use of the ship recycling plot/yard.

(k) "Port Authority" means a Port officer or any other person appointed and authorized by the State Maritime Board (SMB) or any officer appointed under the Major Port Trusts Act, 1963 to act as Port Authority.

(l) "Radiological Safety Officer (RSO)" means any person who is so designated by the SMB/State Government and approved by AERB, as per Atomic Energy (Radiation Protection) Rules, 2004.

(m) "Ready for Recycling Certificate" means the certificate issued by the Maritime Administration or organization authorized by the Maritime Administration, which authenticates that the vessel is complying with the present Code and applicable International regulations.

(n) "Safety Officer" means Officer appointed to ensure safety in hazardous processes as per Section 40B of the Factories Act, 1948.

(o) "Ship" as used in this Code means vessels and floating structures of any type whatsoever operating or having operated in the marine environment and shall include submersibles, floating crafts, floating platforms, self-elevating platforms, Floating Storage Units (FSU), Floating Production Storage Units and Offloading Units (FPSO), a vessel stripped of equipment or being towed.

(p) "Shipowner" for the purposes of this Code, means the person or persons or company registered as the owner of the ship and, in the case of a ship owned by a State and operated by a company which in that State is registered as the ship's operator, owner shall mean such company.

(q) "Ship Recycler" is the person who purchases a ship for Recycling activities.

(r) "Ship Recycling Activities" means and includes all activities such as beaching, cutting, breaking, dismantling of the ship, reprocessing, reducing and re-using of the components and materials there from, and includes associated operations such as storage, treatment and disposal of the components and materials.

(s) "Ship Recycling Plot or Yard": A defined piece of land of suitable dimension as allotted by SMB or Port Trust, and duly authorized by the SPCB under the prevailing hazardous waste management rules, in which ship recycling activities are carried out.

(t) "SMB" means State Maritime Board as constituted by the State Government under official Gazettes as per the role and functions stipulated under the Indian Port Act, 1908.

(u) "SPCB" means State Pollution Control Board and is the Board or Committee constituted under sub-section (1) of section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974).

(v) "SRP" means Ship Recycling Plan. It is the Plan Document developed by the ship recycler to recycle a ship in safe and environmentally sound manner.

(w) "SRFMP" means Ship Recycling Facility Management Plan which includes the plot for ship recycling as per approved lay out and equipped with various facilities as set out in the code and as may be prescribed by the competent authority from time to time.

(x) "Supervisor" means safety Supervisor appointed to supervise safety provisions hazardous processes as per Section 41-C (b) of Factories Act, 1948.

(y) "Tanker" means an oil tanker as defined by the Merchant Shipping Act, 1958.

(z) "Worker" means the Worker defined under sub -clause (1) of Section 2 of the Factories Act, 1948.

CHAPTER II

CATEGORIES OF SHIPS AND SHIPS OF SPECIAL CONCERN

2.1          Classification of Ships:-  The following ships shall be treated as Ships of "Special Concern":-
             a.      War Ships,
             b.      Nuclear Powered Vessels,
             c.      Naval Ships,
             d.      Passenger  or    Passenger    cum  Roll-on/Roll-off    (RORO)    vessels    weight  20,000  Light  Displacement
                     Tonnage(LDT) or more,
             e.      Petroleum, Oil and Chemicals carrying tankers,
             f.      Floating Platforms for Off -Shore Production (FPSO),
             g.      vessels having mean draft more than 8 meters and requiring beaching at 1.5 kilometers or more from the
                     shore base line and
             h.      International   Maritime   Dangerous   Goods (IMDG)  carrying  vessels.
             All ships other than ships of Special Concern would be treated as ships of general concern.
2.2          The nature of concern in respect of the ships of special concern and the essential infrastructure and precautions
             necessary whilst handling such categories of ships shall be as set out in the table below.

CHAPTER III

ARRIVAL OF VESSEL, ANCHORING AND BEACHING PROCESS

3.1 Information to be submitted prior to vessels arrival in India

3.1.1 All ships, prior to entering the Indian exclusive economic zone, are required to notify the Maritime Rescue Coordination Centre (MRCC) of its intended date of arrival. Such notice is required to be given at least 7 days prior to the arrival of the vessel at the Exclusive Economic Zone of India.

3.1.2 The notice to be furnished in 3.1.1 should set out the following information:-

a. that the ship is bound for the Recycling Yards for ship recycling

b. the coordinates of the area and

c. likely duration of stay at the anchorage.

This will enable the MRCC to provide necessary help to the ship(s) in case of any machinery breakdown, thereby avoiding any mishap to the Ocean Data Acquisition Systems (ODAS) and other ships at outer anchorages.

Anchoring and Beaching:

3.2 Upon entry into the Port area, a ship is allowed to be anchored by dropping one or more anchors to the seabed. This prevents drifting of the ship, tethers it to one spot, and enables boarding from boats. A ship at anchor may lift its anchors, and sail away. Anchoring of ships is thus fully reversible.

3.3 Beaching is the process in which a ship is taken ashore to land or grounded deliberately in shallow water, either on its own power or under tow. A beached ship is rendered immobile and cannot be re-floated. Beaching is thus irreversible.

Process for Anchoring:

3.4 Notice to the SMB/ Port Authority:- The Ship Owner shall submit to the State Maritime Board/Port Authority, his intention to send the ship to the Authorized Ship Recycling Yard as per format given in Annexure-I at least 7 days prior to the arrival of his ship(s) for recycling.

3.5 Submission of Documents for Desk Review:- Along with the submission of the document at Annexure-I, the shipowner or recycler shall also submit the following information/ documents to the State Maritime Board/Port Authority, State Pollution Control Board and the Customs Department, for a desk review thereof, including on the genuineness of the documents.

Details of ship, which include:

a. Name of the Ship

b. International Maritime Organization (IMO) No of Ship.

c. Flag of the ship

d. Call Sign

e. Name of the Master of the Ship and his nationality

f. List of the crew

g. Gross Registered Tonnage (GRT)/Net Registered Tonnage (NRT)/Light Displacement Tonnage (LDT) of the ship with supporting documents

h. Port clearance from the last port of call

i. Proof of ownership

j. Details like name, address, contact number, e-mail address of the owner of the vessel and master of vessel.

k. Undertaking from the Shipowner that they will submit Non-Encumbrance certificate within 7 days from the date of anchorage of vessel at outer anchorage. It is made clear that permission for beaching will be granted by State Maritime Board only on production of the Non-Encumbrance Certificate and not just the undertaking.

l. Copy of Memorandum of Agreement with Ship Recycler.

m. Assessment of hazardous wastes in the structure of the ship, and on board as far as practicable by reference to the ship's drawings, technical specifications, ship's stores, manifest, in consultation with the ship builder, equipment manufacturers and others as appropriate. In the case of ships of special concern, in addition to the identification and marking of all areas containing hazardous wastes/hazardous substances, quantification of such wastes/substances would also be necessary.

3.6 Payment of Port Charges:- The Shipowner or the ship recycler shall also, along with the submission of Annexure 1 and all documents under 3.5 above, pay all necessary port charges for obtaining permission for the ship to enter the port. The SMB/ Port Authorities reserve their rights to refuse permission to enter the port in the event of the shipowner or the ship recycler being in default of payment of past dues.

3.7 Verification of Documents:- The SMB/ Port Authorities, may, at their discretion, consult the Directorate General of Shipping to verify the genuineness of the documents submitted to them under Clause 3.5 above.

3.8 On receipt of any request for consultation under clause 3.7, the Directorate General of Shipping, in consultation with the Coast Guard, shall verify the genuineness of the documents submitted for review.

3.9 Denial of permission:- In the event of any of the documents submitted is deemed unreliable or if the document submitted are fake or conceals any material fact, the ship owner/ will be denied permission to beaching and/or breaking. Such denial of permission shall be communicated to the shipowner/ ship recycler within 5 days of them having submitted the application in the form of Annexure 1 under clause 3.4 and the documents accompanying it under Clause 3.5.

Anchoring :

3.10 After the desk review by the Port Authority/State Maritime Board (SMB)/State Pollution Control Board (SPCB)/Customs, a decision will be taken regarding anchorage of the ship by the Port Authority/ the State Maritime Board concerned. In case anchorage of the ship is refused by any one of these agencies the ship owner would be entitled to appeal to the concerned statutory authorities, who will entertain and hear the appeal in accordance with their respective statutes. Any order granted under these Appeal proceedings, granting permission for anchoring, shall be an anchoring permission under this clause.

3.11 Where all the concerned agencies are satisfied after desk review and have recommended that the ship be anchored, anchorage safety instructions would be issued by the State Maritime Board/Port Authority, who shall also carry out physical verification of the ship by the Petroleum and Explosives Safety Organization (PESO) for issuance of gas free and fit for hot work for their petroleum tankers Cargo fold tanks and Atomic Energy Regulatory Board (AERB) for War Ships/Naval ship Nuclear Powered Vessels and by the SPCB for large passenger liners more than 20,000 LDT and Customs Department for all vessels and the Navy, in case of warships/naval ships and nuclear powered vessels, in addition to the other concerned agencies. In case a ship does not comply, according to the submitted documents, or as per inspection by any of the agencies, owner would be entitled for appeal to the designated appellate authorities.

3.12 Documents to be provided at the time of boarding the ship by concerned authorities:- Boarding is to be done after anchorage permission has been given under clause 3.10. At the time of boarding, the Ship Recycler has to submit the following documents and those specified in Annexure-II, in original, to the Port Authority/State Maritime Board for a verification of the documents, contents and its genuineness.

(i) Master's certificate-original with IMO No. and showing

a. Inventory of hazardous materials

b. Inventory of gases,

c. Inventory of radioactive material on board,

d. C O 2 declaration,

e. Confirmation of Ballast water exchange at high seas,

f. Confirmation of the Bunker oil/lube oil or other Oil substances that are remaining on board (ii) Cargo declaration form;

(iii) Safe Manning Certificate;

(iv) Competency certificates of crew;

(v) The Inventory of Hazardous Material (IHM) Certificate as may be certified/prepared by International Classification Society once the Hong Kong Convention for Safe and Environmentally Sound Ship Recycling Convention is ratified by India and till such time inventory signed by master of the ship by provided to SMB.

( vi ) Seller/agent pays applicable port dues to the port at the prevailing rate.

(vii) The name of the State whose flag the ship is entitled to fly;

(viii) Hull number on building delivery;

(ix) The name and type of the ship along with the date of such registration;

(x) The port at which the ship is registered;

(xi) The name and the address of the ship owner;

(xii) The name of the classification society(ies) with which the ship is classed; and

(xiii) The ships main particulars such as length overall (LOA), Breadth (Moulded), Depth (Moulded) Lightweight Cargo Carrying Capacity, Gross and Net tonnage, and engine type.

3.13 Physical Boarding and verifications:- At anchorage/location specified by the Port authority for waiting prior to beaching, the ship would be boarded and physically verified by-

(i) Representatives of Customs Department for all vessels,PART I—SEC. 1] THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) 199 (ii) For petroleum tankers for their cargo hold by the representatives of the Petroleum & Safety Organization (PESO)

(iii) For chemical tankers, in its cargo hold, by the competent authority as approved by SMB/ Port authority.

(iii) For War Ships, Naval Ships Nuclear Powered Vessels and large passenger liners, by the, representative of the AERB and Indian Navy. It deemed fit, above agencies shall give clearance to SMB/Port Authority for issuance of Beaching Permission.

(iv) Representatives of SPCB for Large Passenger Liners more than 20000 LDT.

(v) For all ships other than War Ships, Naval Ships and Nuclear Powered Vessels, personnel the RSO of SMB/Port Authority trained and certified by AERB who shall examine the ship from a radiological survey safety point of view. SMB/State Government/ Port Authority which does not have an RSO, may, if required, direct the Ship Recycler to obtain clearance from AERB for ships belonging to category of general concern.

(vi) Certified true copy of 'Certificate of Registry' in his favour certifying that the ships has no registered mortgage with email identity of the respective Registrar of Ships. Such certified true copy of the certificate of registry should not be dated earlier than 7 days.

(vii) Prior approval of the Ministry of Defence for vessel warships, naval ships and nuclear powered ships to be scrapped, shall be obtained by the Ship owner through State Maritime Board/Port Authority.

3.14 Provided that the shipowner/ ship recycler shall be responsible for the identification and marking of all areas containing hazardous wastes/hazardous substances, in the structure of the ship, and on board as far as practicable (by reference to the ship's drawings, technical specifications, ship's stores, manifest and in consultation with the ship builder, equipment manufacturers and others as appropriate) and shall be provided to the concerned agencies at the time of boarding of the vessel.

3.15 In the case of ships of special concern as listed in Chapter-II, identification and marking of all areas containing hazardous wastes/hazardous substances, quantification of such wastes/substances would be provided at the time of boarding by the concerned agencies. The details as specified in Annexure-V and Annexure-VI would additionally be furnished.

3.16 It shall be mandatory for the SPCB to undertake an assessment of hazardous waste/hazardous substances available on the ship (passenger vessels > 20000 LDT) and likely to be generated during the ship recycling process.

3.17 On completion of inspections under 3.13, if any deviations are observed by the inspecting authorities, contrary to the undertaking and documents submitted during desk review and 3.13, the inspecting authorities shall notify the concerned SMB/ Port authority, who can, in their discretion, refuse permission for beaching of the vessel. Such refusal of permission to beach the vessel shall be communicated to the shipowner/ ship recycler at the earliest but not after the beaching permission has been granted to the ship.

3.18 Customs procedures:- The Ship Recycler shall also submit all documents and details as are required by the Customs Authorities under the Customs Act, 1962, at least 3 days prior to the expected arrival of the vessel at anchorage, to enable the Customs Authorities to complete all customs formalities under the Act.

3.19 Customs Officers shall board the vessel within 24 hours of ship's arrival (as per Customs regulation) to complete all procedures and processes required under the Customs Act, 1962.

3.20 On completion of all procedures under 3.13 and 3.14, the Ship Recycler will pay the duty, as duly assessed under the Customs Act, 1962. On the ship recycler producing the proof of payment of such duty by production of the Import Duty Challan, the Customs Authorities shall, within 24 hours, issue a No Objection Certificate to the SMB/ Port Authorities, stating their No Objection to grant of permission to beach the vessel. It is understood that it is the SMB/ Port Authority which shall grant permission for beaching of vessels.

3.21 It is also understood that any sweepings of cargo (left over of last cargo) will be permitted to be cleared upon completion of proper import processes thereto if the sweeping/left out cargo have no commercial value or are not fit for consumption/use, such cargo shall be disposed of by the ship recycler as per appropriate statutes and rules framed there under.

3.22 The proper officer shall board vessel, and destroy the Wireless equipment/restricted radio equipment/navigational equipment of the vessel in presence of the Importer. Thereafter, the importer shall200 THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) [PART I—SEC. 1 surrender the goods, if any, as per the MOA/IGM to the agent for further transhipment or delivery to the Customs as the case may be.

3.23 After completion of all these formalities and on payment of all dues/duty on the vessel, the Customs Authority would give out of charge and clear the ship for recycling

3.24 Beaching permission will be given by the SMB/Port Authority within two working days after receipt of clearances granted by all the concerned departments/ agencies as set out in 4.2, as applicable.

3.25 Beaching permission by Port Authority/State Maritime Board:- Beaching permission shall be granted by the Port Authority/State Maritime Board only to:

a the plot-holders to whom plots are allotted by the port authorities or to those who are otherwise permitted by the Port Authority/SMB;

b those plot-holders whose SRFMP has been approved along with authorization issued by SPCB for handling hazardous waste generated from ship recycling.

3.26 Beaching permission shall be granted-to ships subject to observing specific requirements in respect of the following cases:-

a In the case of petroleum oil cargo tanks and petroleum slop tanks; on production of gas-free for hot work certificate along with gas free certificate given by the Petroleum and Explosives Safety Organization(PESO);

b In case of ships of special concern, on production of No Objection Certificate (NOC) from Atomic Energy Regulatory Board; and

c In the case of war ships and naval vessels on production of NOC from the Naval Department, the AERB and the Customs Department.

3.27 The activities of ship recycling is identified as a hazardous process under Section 2 (cb) of the Factories Act, 1948 and the provisions of Chapter-IVA, Section 41A to H of the Factories Act, 1948 shall be applicable. Directorate of Industrial Safety and Health shall inspect the ship recycling operation whenever felt necessary to check and ensure compliance with the provisions under the Factories Act, 1948.

3.28 Ship or ships shall be allowed to beach one at a time, provided that the breadth of the ship or ships is less than 5 meters of the width of the plot. The ships behind the ships in one line across the plot shall not be permitted.

3.29 Petroleum tankers which have not obtained "fit for hot work" certificate for all cargo tanks, slop tanks, forward deep fuel oil tanks and forward coffer dams shall not be allowed to beach.

3.30 Beaching of ship:- On beaching of ship, the Ship Recycler shall take necessary action to ensure that

(i) the vessel is secured properly; and

(ii) left overs in bunker are removed with proper precautions, including sufficient ventilation in engine room.

(iii) bunker and bunker contents are disposed of to a registered dealer for petroleum products.

(iv) used oil and sludge are disposed of to registered recyclers/ refinery only.

3.31 The ship recyclers will be liable to penalty and fines, including cancellation of license for ship recycling in the event they are found to have not complied with the aforesaid provisions during examination of their records or during inspections of their plots/yards byC Concerned agencies.

CHAPTER IV

OTHER PROCEDURES

4.1 Permission from the State Pollution Control Board (SPCB):- After beaching the ships, the Ship Recycler, shall remove all the loose and hazardous wastes including oil and petroleum hydrocarbon from, tanks, stop tanks etc. The SPCB shall issue decontamination certificate to ship recycler after inspection which will be done with proper lighting in the engine room. Simultaneously, Gas free and hot work permit as per Section 68 H of the Factories Act 1948 shall be issued by competent authority/agency after ensuring safe and complete removal oils/used oil/hydrocarbon.

4.2 Security aspects:- The concerned SMB/ Port Authority shall issue Irequisite orders on all matters of security in consultation with the Navy and the Coast Guard and circulate the same for strict compliance.

4.3 A record of all ships reporting for breaking, along with the nature and details of the ships, shall be maintained by the SMB/ Port Authority and shall be provided to the Naval and Coast Guard as soon as their Expected Time of Arrival (ETA) is received.

4.4 Photographic record of all ships reporting for recycling shall be maintained by the SMB/ Port Authority and provided to the Navy and Coast Guard.

4.5 Details of arrival and departure of the crew including off-signer details, in particular for the foreign crew members are to be reported to the concerned Naval Authority, prior to the actual arrival and departure of such crew.

4.6 A monthly security and intelligence meeting shall be conducted by each Port Authority/SMB in which representatives from local police, Intelligence Bureau, Coast Guard and the Navy shall participate.

4.7 All ship breaking yards must ensure proper security, i.e. physical security which should include boundary wall, deployment of armed guards/force/ security personnel, strict access control and checking of any material being taken out from the ship breaking yard, adequate checks against any possibility of any contraband/radioactive element entering the hinterland. All ship breaking yards shall be subject to regular security audits by the local state police, Intelligence Bureau, Coast Guard Authorities, Naval Authorities and/or any other security agency of the Government of India.

4.8 Flow Diagram for the process:- The sequence of steps/process for Grant of Clearances by the SMB/SPCB/Customs Department and other concerned agencies for Ships Destined for Dismantling at Ship Breaking Yards, covering all the three stages, namely, anchorage, beaching and breaking are given in Appendix-I.

CHAPTER V

SHIP RECYCLING PROCESS

5.1 Recommended Process for Ship Recycling:- The ship recycling plan should have two components i.e. Ship Specific Recycling Plan, and Recycling Facility's Management Plan. The size of the plots should be such that while cutting the ship, both the sides of the beached ship should have space for free movement of labour, with sufficient width of at least 5 metres freely available on each side or as per direction of the Port Authority/State Maritime Board concerned.

5.2 For ships other than petroleum tankers and petroleum slops, Directorate of Industrial Safety and Health (DISH) shall conduct the inspection for issuing gas-free-fit-for-hot-work certificate, else it may be obtained from Department of Explosives.

5.3 Ship Recycling Facility Management Plan:- The State Maritime Board (SMB)/Port Authority allots the plots to the ship recyclers for the purpose of ship recycling. The plot should be of sufficient dimensions to allow for safe and environmentally sound ship recycling. The concerned SMB/Port Authority shall approve the Ship Recycling Facility Management Plan (SRFMP) if the plan satisfies the following requirements: -

(i) Availability of requisite and valid documents

a. Authorization for handling Hazardous waste generated from ship recycling activities issued by the SPCB.

b. Registration as a Member of the Hazardous Waste Treatment, Storage and Disposal Facility (TSDF) from TSDF operator.

c. License for storage of LPG Cylinders required under the Gas Cylinders Rules, 2004 from Explosives Department.

d. License of the plot under Factory Rules.

e. Map showing the yard layout and other components of the facilities.

f. Any other document(s) or No Objection Certificate/Permission letter required from the concerned authority (ies).

g. License and SRFMP approval under the provisions of the Factories Act, 1948 and rules made there-under.

(ii) Provisions of shelter/rest room and lunch room and canteen as per Sections 46 and 47 of the Factories Act, 1948. In addition, provision for adequate lighting as per Sec 17, adequate clean drinking water as per Section 18, latrines and urinals as per Sec. 19, washing facilities as per Sec.42 and202 THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) [PART I—SEC. 1 first aid as per Sec.45 of the Factories Act, 1948. The list of trained first aiders and fire fighters shall be displayed at a conspicuous place.

(iii) Storage Godown with adequate safety precautions for Temporary Storage for Hazardous/Non Hazardous Waste Materials.

(iv) Temporary asbestos handling and removing and storage facility or appropriate mobile asbestos handling facility.

(v) Storage Godown for Liquefied Petroleum Gas (LPG) Cylinders as per Explosives Act

(vi) Sanitation and 'Rest Room' facilities for a minimum 50 workers, as per the Factories Act, 1948.

(vii) Workers Change Room.

(viii) First Aid Facility.

(ix) Workers Firefighting facility and Emergency Response System including oil spill Combat system.

(x) Certified Material Handling Equipment and Personal Protection Equipment of BIS Standard or equivalent.

(xi) List of the trained and certified labours of all disciplines (lightening, gas cutting, waste handling; working in confined spaces, using various gadgets like oxygen and other gas detectors, crane and material handling systems etc.).

(xii) Hazardous area classification of the facility in accordance with Petroleum Rules-2002 for providing safe electrical fittings.

(xiii) Other necessary facilities, if any required.

5.4 The SMB/Port Authority concerned shall issue SRFMP approval after the plots are allotted to ship recyclers, within one month's time. This approval would be a one-time activity during each cycle of five years of allotment to one agency, subject to review after every six months. Requisite corrective measures, if required arising out of such six monthly reviews should be carried out promptly by the ship recycler.

5.5 All lifting machines, wire ropes and lifting tackle shall be tested and certified by a Competent Person approved by the DISH as per Section 29 of the Factories Act, 1948.

5.6 The SMB/Port Authority concerned shall issue permission after getting comments/views of DISH on the compliance with the requirements under the Factories Act, 1948 and Rules to i undertake the activities of Ship Recycling.

5.7 If any of the components of the Ship Recycling Facility Management Plan of the Plot are found to be inoperative and not in place during the inspection by any of the concerned authorities, the SMB/Port Authority may cancel the permission of the Ship Recycling Facility Management Plan and the ship recycler would not be permitted to beach any ship till the required components under the, Ship Recycling Facility Management Plan are made operative as per the requirements.

5.8 Therefore, before ships are permitted in the plot for recycling, the SMB/ Port Authority shall ensure the above aspects rigorously, by way of Ready For Recycling Certification Document as per Annexure-III and Annexure-I.

For obtaining cutting permission, the Ship Recyclers shall apply to the Port Authority as per Annexure-IV duly filled in. The port authority shall consider the application for cutting and accord permission or notify any deficiencies to be rectified, within 3 days' time.

5.9 In addition to the above, the Ship Recycler shall have to submit an undertaking to the SMB/ Port Authority to the effect that they shall comply with the Safety, Health and Environment (SHE) management aspects as per the SHE Policy as enumerated below before approval of the Ship Recycling Facility Management Plan.

(i) A policy with focus on adequate worker safety and the protection of human health and environment, including the establishment of goals leading to the minimization, and ultimately elimination of the adverse effects on human health and environment caused by ship recycling.

(ii) A system for ensuring implementation of the requirements set out in national, regulations, the achievementPART I—SEC. 1] THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) 203 of goals set out in the policy of the company, and, a commitment for continuous improvement of the procedures used in ship recycling operations.

(iii) Identification of roles and responsibilities of supervisors, contractors, and workers.

(iv) A programme for appropriate training of workers and availability of adequate PPEs and material handling equipments.

(v) An emergency preparedness and response plan for the plot.

(vi) A system for monitoring the performance of the ship recycling operations.

(vii) A system for reporting how the ship recycling operations would be performed, including system for reporting discharges, emissions and accidents, including accidents causing damage or accidents having potential to cause damage to workers' safety, human health and the environment, due to handling of hazardous wastes, and materials containing hazardous substances.

5.9.1 The ship recycler shall ensure that:-

(i) A board displaying important precautions (do's and don'ts) to be followed during ship recycling activity is installed at prominent places on the plot and that such display is made in English and vernacular language(s) as understood by the workers employed on such plot

(ii) All the equipment on the plot such as crane, winch, chain rope and shackles, generator set and any other safety equipment as may be prescribed from time to time, shall be installed and maintained in accordance with the provisions of the Factories Act, 1948 and Rules made there-under and any other relevant Acts and Rules.

(iii) An explosive gas detector, a multigas monitor including hydrogen sulphide (H2S) gas monitor and an oxygen percentage analyser are available in the plot in working condition.

(iv) Proper lighting arrangement is made on the yard.

(v) Every SRF should have a detailed emergency and evacuation plan. The emergency plan should be rehearsed once in 6 months. Further, an off-site emergency plant for the whole district should be prepared and rehearsed once in a year.

5.9.2 Permission for ship-recycling activities under this Code shall not be given to any ship- recycler by the SMB/Port Authorities unless the ship recycler has complied with all the requirements under the SRFMP.

5.10 Ship Specific Recycling Plan:

5.10.1 Once the Ship Recycling Facility Management Plan is approved by the SMB/Port Authority for the plot, the ship recycler shall be required to submit application to the SMB/ Port Authority along with the Ship Specific Recycling Plan and details as per Annexure-IV, along with details of Ready for Recycling Document duly filled in. Removal of oil from the vessel may be permitted prior to submission of Ship Specific Recycling Plan (SSRP).

5.10.2 Requirements of Ship Specific Recycling Plan (SSRP) shall be as under:-

Details about the ship, and in particular, a fair assessment of hazardous wastes and hazardous materials.

(i) Ship breaking schedule with sequence of work.

(ii) Operational work procedures.

(iii) Availability of material handling equipment and Personal Protection Equipment (PPE).

(iv) Certification from the State Pollution Control Board (SPCB) that all kinds of oils and other loose hazardous wastes are completely removed and the decontamination certificate issued by SPCB shall be attached with the SSRP.

(v) "Gas-free and fit for hot work" certificate issued by the Petroleum and Explosives Safety Organisation (PESO) for oil tankers and for slop tanks, or any competent agency authorized by the Directorate of Industrial Safety and Health (DISH) under the Factories Act; This certificate shall be attached with plan document. In case a false certification is given, the concerned explosive inspector/official shall be liable for prosecution departmental action and action may be taken to cancel the license of the ship recycler in such cases.

(vi) Hazardous waste handling and disposal plan: - Identification and marking of all non - breathable spaces by the Recycler in the ships documented in the plans with drawings. Identification and marking of all places containing/likely to contain hazardous substances/hazardous wastes in the ships and the same be documented in the plans with drawings. Identification and marking of all places containing/likely contain hazardous substances/hazardous wastes in the ships documented in the plans with drawings.

(vii) Confirmation from the Master of the Ship to the effect that ballast water has been exchanged in the high seas. The requirements should address all the three phases of recycling, i.e.

(a) Preparation phase.

(b) Dismantling phase.

(c) Waste stream management phase.

(viii) Ballast Sediments shall be discharged along with the ballast water with proper churning and shall be handed over to authorized agency of the SMB/ Port Authority on payment of the fees, for suitable disposal.

(ix) Asbestos being a major area of concern, the scheme for removing asbestos, and asbestos containing materials (ACMs) on board, and on shore, shall be specifically provided. The plan shall include arrangements for removal handling treatment and disposal. Locations having asbestos/ACMs shall be marked before commencing dismantling operations and shall conform to Bureau of Indian Standards for Cleaning of Premises and Plants using Asbestos Fibres (IS 11767:1986). Those ships having asbestos quantification more than 100 metric tonnes should go for negative pressure chamber technique.

(x) System and procedure shall be followed to document and keep track of all hazardous wastes generated during recycling as well as hazardous substances found onboard the ship, and their transport to the disposal facility or registered recycling facility shall be provided in the SSRP.

5.10.3 The Port Authority may grant the Ship Reclycling Permission, after ensuring compliance of the requirements of 5.10.2 above. The sequence of permissions and recycling activities shall be as under:-

I. First - Man entry certificate to be obtained from the competent person. Such Man Entry Certificate shall be obtained 3 days prior to the commencement of work. In the event of any delays in commencement of work, a fresh Certificate is to be obtained, valid for 3 days until commencement of work.

II. Second - Cargo holds should be cleaned up and all the loose sludge on board vessel should be cleaned up properly. The State Pollution Control Board shall issue the Decontamination certificate only on being satisfied that the cargo holds have been fully and properly cleaned up.

III. Third - Inspection shall be carried out by the competent person of DISH to ensure that the ignitable material are completely removed from confined spaces; that the other areas in engine room are practically gas free with proper venting, by use of gas detection meter confirming that the areas are well within explosive limits. On satisfactory compliance of this inspection, Gas free and hot work (Naked light) certificate for cutting shall be issued for engine room, Bunker area and those area of common ships where there are likelihood of ignitable gases generations. In case of Oil tankers and Chemical tankers, there should be compartment wise practice of issuance of hot work permit just before actual cutting operations are initiated by ship recyclers irrespective of SMB/Port Authority's permission of ship dismantling of whole ship.

IV. All the material handling systems i.e winches, cranes and such other systems which includes, chain rope and shackles, generator set etc., valid fitness certificate should be available before ship recycling permission is granted.

5.11 Reporting upon completion

When the recycling of a ship is completed in accordance with the requirements of this Code, a Statement of Completion shall be issued by the Ship Recycler and reported to the SMB/Port Authority, as in Annexure VII.

CHAPTER VI

General Instructions for Safety Health and Environmental Compliance for stakeholders involved in Ship Recycling.

6.1 Safety compliance

6.1.1 To comply with the Safety Instructions while undertaking Ship Recycling Activities in the Plots/Yards, the following steps shall be taken:-

(i) Adequate open space shall be provided on the plot for safe passage and easy movement of fire fighting units and equipment, maintenance of passage ways, so as to permit unobstructed access for fire fighting units and equipment.

(ii) Identification and marking of all non-breathable spaces in the ship shall be made by the Recycler

(iii) Identification and marking of all places in the ship containing/likely to contain hazardous substances/ hazardous wastes shall be done.

(iv) Systems and procedures shall be followed to document and keep track of all hazardous wastes generated during recycling of a ship, as well as hazardous substances found on board the ship, and their transport to the disposal facility or registered recycling facility in safe and sound manner.

(v) It shall be ensured that sufficient area for office building, storage of non-ferrous metals and open space to store segregated finished scrap for delivery (just like re-rollables of 6 millimetre (mm), 8mm, 12 mm and melting, etc.) are provided.

(vi) Sufficient area shall be provided for installation of at least 2 winches and operation of at least 2 cranes.

(vii) Sufficient area shall be provided for processing of cut pieces from the ships.

(viii) Gas free certificate shall be obtained for man entry into confined spaces likely to contain dangerous fumes & insufficient oxygen, as per the Sections 36, 41 & 112 of the Factories Act, 1948 issued by the Competent Person as defined in Clause (ca) of section 2 of the Factories Act, 1948. This must be ensured before ship recycling operations start.

(ix) Safety distance shall be maintained for storage of petroleum products, including LPG storage or any other combustible material as specified under the relevant Acts/ Rules.

(x) Facilities of water storage and pumping and fire fighting devices such as portable fire extinguishers, fire fighting suits, liquid foam, oxygen mask, sand boxes /buckets, fire hose with complete attachment shall be provided as required in accordance with the provisions of the Factories Act, 1948 and other relevant Acts/Rules.

(xi) Constructed facility for removal and handling of asbestos on the yard and necessary provision for showering of asbestos handling workers or appropriate mobile handling. Facility by the Association of ship recyclers shall be provided. Alternatively the Common Asbestos Handling System facility as duly approved by DG, FASLI and SPCBs shall be availed.

(xii) Temporary storage facility for storing hazardous waste shall be constructed as per the Central Pollution Control Board guidelines. The recycling, recovery and , disposal of hazardous waste shall be as per Hazardous and other Waste (Management and Transboundary Movement) Rules, 2008 2016 and radioactive waste as per Atomic Energy (Safe Disposal of Radioactive Wastes) Rules, 1987, wherever applicable.

(xiii) There shall be no overlapping of activities to ensure safety of workers.

(xiv) Ship Recyclers shall provide and ensure the use of personal protective equipment for operations requiring such use, including for:

a. head protection;

b. face and eye protection;

c. hand and foot protection;

d. respiratory protective equipment;

e. hearing protection;

f. protectors against radioactive contamination;

g. protection from falls; and

h. appropriate clothing.

(xv) Temporary storage facility with adequate safety precautions for storing of radioactive material shall be available as per the requirements of AERB in every recycling yard wherever applicable.

6.1.2 Every ship-recycler shall appoint qualified Safety Officer as per Section 40-B of the Factories Act, 1948. The cutting operations shall be carried out under the supervision of competent supervisor as per Section 41-C(b) of the Factories Act, 1948. The duties, qualifications and conditions of service of the Safety Officer shall be as such which may be prescribed by the State Government.

6.1.3 The Safety Officer/Safety Supervisor shall ensure availability of material handling equipment, and availability of Personal Protective Equipment (PPEs) to workmen.

6.1.4 The Safety Officer/Safety Supervisor shall ensure that:-

(i) Safety guidelines are followed for safety distance. Cutting operations are undertaken at a distance beyond safety distance of LPG storage area, as prescribed in the Explosives Act.

(ii) Explosive and oxygen meters are readily available in working condition throughout the cutting operations.

(iii) Parameters with respect to permissible limits of hydrocarbon vapours and oxygen are strictly complied with before commencing actual cutting operations and also during such operations. Provided that if the level of oxygen coefficient reduces or that of Hydrocarbon vapour increases beyond the permissible limit in particular space/area, cutting operations carried out in that space/area shall be immediately suspended. Thereafter steps shall be taken to ventilate such area with the help of mechanical blowers or any other effective means to restore the oxygen content so as to bring it within the permissible limits.

(iv) Number of LPG and other Gas Cylinders stocked on the deck of the ship or near cutting area are as per the provisions of relevant Act/ Rules.

(v) Cylinders and other articles are lowered down to the ground in safe manner instead of throwing them from the ship.

(vi) All pipelines are dismantled by cold opening/cutting. Provided that, in case of fuel dripping from the pipelines, it shall be dismantled only after collecting such dripping fuel in a container.

(vii) Area where cutting operation is carried out in last two hours of the working day shall be quenched by pouring sufficient amount of water or by any other effective means to avoid any incident of smouldering/fire.

(viii) The progress of ship breaking is recorded daily in properly designed log book continuously and shall be preserved. The log book shall be produced to the Authorities as and when called for.

6.1.5 Work timings of the workers relating to the ship breaking shall be such that it should be adjusted not to be before sunrise and also not after sunset, so that the cutting/ breaking activities and other ship breaking related activities including loading and unloading operations are undertaken in natural light. The maximum working hours for cutting operations shall be as under.

(i) During the months from March to October - 7 AM to 7 PM.

(ii) During the months from November to February - 7 AM to 6 PM.

(iii) The maximum weekly hours and daily hours of duty will be as per Section 51 and 54 of Factories Act, 1948. Working hours of adults, weekly holidays, compensatory holiday, and intervals of rest, spread over extra wages for overtime shall be as per provisions of Chapter-VI of Factories Act, 1948.

(iv) Ship Recyclers must obtain Naked Light Certificate (Hot Work Permit) as per the Rule 68-H made under sections 41 & 112 of the Factories Act, 1948 issued by the Competent Person as defined in Clause (ca) of Section 2 of the Factories Act, 1948, before the ship recycling operations start for non -tanker ships and for petroleum tankers and slop tanker. The Petroleum & Explosives Safety Organization (PESO) shall issue Gas free and Fit for Hot work certificate.

(v) No worker shall be allowed to work in the ship breaking yard beyond the stipulated timings and on holidays.

6.1.6 Ship Recycler must carry out safety audit as per IS: 14489 by an External Agency and the frequency of audit should be in line with Manufacture, Storage and import of Hazardous Chemicals (MSIHC) rules under Environment Protection (EP) Act, 1986.

6.1.7 Director of Industrial Safety and Health (DISH) or equivalent Department of the State Government under the Factories Act shall carry out regular inspections of the plot and monitor the whole safety management aspects under the Factories Act, 1948. If there is any lapse(s) in compliance, DISH will issue Show Cause Notice/warning/order as per provisions of the Factories Act, 1948, suspend the licence and initiate legal action for non -compliance of the provisions. A copy of the notice/warning/order so served shall be marked to SMB/Port Authority,

6.1.8 The management of occupational safety and health shall be in accordance with the provisions of Factories Act, 1948 and labour laws.

(a) Only trained workers shall be employed.

(b) All workers will be provided with Personal Protection Equipment (PPE) that conform to Bureau of Indian Standards (BIS) or equivalent. For all operations/works the personal protective equipments of BIS standard should be used.

6.1.9 Portable water hoses with a dedicated water pump on the beach with adequate take-off points for attaching additional hoses, shall be provided at all times when working on the beached vessel, for immediate water supply in the event of fire, and for wetting the asbestos etc., before its removal from the vessel. The ship recycler shall enter into a Memorandum of Understanding with port authority/any other nearby industry for providing support in case of emergency. Work permit system shall be followed as per applicable Acts and rules to carry out work safely. No hot work shall be permitted unless the area is free from any explosive mixture and the explosive meter reading is below explosive limit. The explosive meter reading shall be recorded in the work permit.

6.1.10 The following areas shall be given special attention and the workers shall have expertise with necessary training and certificates for the works allotted to them as follows:-

(a) Separate work permit shall be issued for working at height, working in confined spaces & working in hazardous area/environment like flammable/toxic/corrosive environment etc. Use of safety belt/safety net and helmet shall be mandatory while working at height.

(b) Working in Confined Space: no work shall be done in enclosed area without checking the presence of oxygen. Presence of adequate oxygen meters in the confined space and oxygen tanks/masks in the vicinity of the confined space shall be mandatory.

(c) Working in Flammable Environment- the ship recycler shall ensure that spaces and adjacent spaces that contain or have contained combustible or flammable liquids or gases are inspected by the Safety Officer /Supervisor or other specially trained person to determine the presence of combustible or flammable liquids. The ship recycler shall also ensure that flammable vapors or gases in the spaces to be entered are below the explosive limit and sufficient ventilation is provided to ensure that the concentration of flammable vapor is maintained below the lower explosive limit (at < 10% of the lower explosive limit) and there is sufficient oxygen for man entry.

(d) Working with Toxic, Corrosive, Irritant or Fumigated Atmosphere or Residues- the ship recycler shall ensure that spaces or adjacent spaces that contain or have contained liquids, gases or solids that are toxic, corrosive or irritant are inspected visually by the Safety Officer/Supervisor or other specially trained person.He shall also ensure that air concentration of toxic, corrosive or irritants is maintained below its Threshold Limit Value (TLV) as per the Material Safety Data Sheet (MSDS) of that chemical, prior to entry by workers to the concerned spaces.

(e) For gas cutting, the recycler shall employ only the workers certified for gas cutting work. Gas cutters shall be provided with proper masks and other adequate PPEs to avoid inhalation of toxic fumes.

(f) For crane operation: inspection and testing records of cranes and lifting tackles shall be maintained as per statutory norms and appropriate PPEs shall be provided to crane operators. Constant and adequate supervision shall be provided while heavy loads are lifted. Only those lifting machines, wire ropes and lifting tackle shall be used which are tested and certified by a person as per Section 2 (ca) of the Factories Act, 1948 and approved by DISH. As per Section 29 of the Factories Act, 1948 it shall be ensured that the material handling equipment are safe.

(g) For handling Asbestos Wastes and Asbestos Containing Materials(ACM), specialized contractors shall be engaged. The removal of asbestos dust and fibers and its handling shall be done in a wet condition. On shore, removal of asbestos shall be done in enclosures maintained under negative pressure, with208 THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) [PART I—SEC. 1 filters for outgoing air and wastewater. All applicable safety standards and measures shall be adhered to in respect of such enclosures.

(h) For "Ships of Special Concern", where asbestos/ACMs quantities are the Special Concern, asbestos/ACMs removal on board shall be given special importance and the practice of wet removal of asbestos onboard shall be mandatorily followed with the use of appropriate PPEs.

(i) The asbestos and broken pieces of ACMs sheets/panels thus removed shall be packed in leak proof packets and disposed of at secured landfills where the packets shall be handled and processed as per the SPCB norms. Recovered and usable ACMs sheets/panels shall be sold for reuse as permitted by law.

(j) PPEs like masks or respirators shall be provided to all the workers engaged in asbestos removal or handling.

(k) Asbestos fibre concentrations in the environment shall be monitored regularly by the SPCB.

(1) For removal of asbestos specialized contractors should be accredited and their performance assessed periodically.

(m) Only trained workers shall be employed in activities involving asbestos handling.

(n) In so far as handling of Radioactive substances, guidelines/instructions of the AERB shall be followed.

6.2 Permission for ship breaking

6.2.1 The recycler shall apply to the Port Authority for breaking/cutting permission with relevant documents such as:

(i) Workers' registration under Employees State Insurance Corporation (ESIC) or Workmen Compensation Act as the case may be.

(ii) Gas free certificate and hot work permit for man entry into confined spaces likely to contain dangerous fumes & insufficient oxygen, as per the Rules under Sections 36, 41 and 112 of the Factories Act 1948 issued by the Competent Person as defined in Clause (ca) of Section 2 of the Factories Act.

(iii) Proof of removal of residual oil from all bunker tanks

(iv) Copy of Customs beaching clearance

(v) Copy of decontamination certificate from the SPCB

6.2.2 Prior to submitting application for permission for cutting operation, the ship-recycler shall have to install for the purpose of fire fighting at least two efficient fire fighting pumps including power supply and should ensure continuous power supply to the fire fighting pumps at all times, on the ship with sufficient water in the holds or any receptacles.

Provided that one of the above fire fighting pumps shall be installed and maintained in working condition at all times near the engine room with foam and dry powder, until the complete dismantling of the engine room.

Provided further that at least one portable fire extinguisher of suitable type shall always be kept in working condition near every cutting point.

6.2.3 If the Port Authority is satisfied that the ship-recycler has complied with all the provisions for management of occupational safety and health, it may grant permission for cutting operations of the ship within a maximum period of three working days. In case any shortcomings are noticed, the same shall be communicated in writing within the said period of 48 hours to enable the ship recycler to re submit his request after doing necessary corrections.

6.3 Specific Instructions regarding training for the labour and usages of Personal Protective Equipment and other important aspects:

6.3.1 Prior to delegation/entrustment of any job relating to ship recycling, workers shall be imparted proper training for the safe ship breaking operations in general and also for the specific jobs they are required to perform in the plot.

6.3.2 Such training shall be with provision of certification on successful completion of the training programme. Training shall be in the language understood by the workers and shall prolong till such timePART I—SEC. 1] THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) 209 necessary to get them acquainted with the knowledge and risk factors of ship recycling operations, with necessary examination and certification. Training shall include the hazards associated in the job and role of an individual during emergency situations. The syllabus of training programme should also include familiarization of radioactive material and radiation hazard for SMB/Ports handling radioactive waste. The syllabus for such training programme shall be as per the recommendations of SPCB/AERB/Port Authorities. Such training programs shall be conducted by the State Maritime Boards/Port Authorities, prior to entrustment of any job relating to ship recycling. In addition, the following shall be ensured:

(i) An attendance register of workers working on the plot shall be maintained in accordance with the provisions of Factories Act 1948 and rules made there under

(ii) Photo identity cards carrying personal particulars of labourers may be issued by the ship recyclers in accordance with the relevant Rules, in an approved manner by the Port Authorities /SMBs and ship recyclers will maintain proper records of the entry and exit of the workers.

(iii) A Safety Supervisor, having requisite qualification and experience as per the relevant rules, shall be employed.

(iv) Only trained and registered workers having identity cards issued as per clause 4.3.2 (ii) as mentioned above shall be engaged in respective ship recycling activity.

(v) Minimum two workers shall be employed who are trained to use gas detectors during ship recycling activity.

(vi) Handling of asbestos shall be by contractors or workers having special knowledge and skill of handling asbestos, with proper training.

(vii) All the equipment on the plot such as crane, winch, chain rope and shackles, generator set and any other safety equipment as may be prescribed from time to time, shall be installed and maintained in accordance with the provisions of the Factories Act, 1948 and the Rules made there-under and any other relevant Act(s) and Rules.

(viii) Flammable and toxic gas detectors shall be calibrated regularly to ensure correct values when used and an oxygen percentage analyzer shall always be available in the plot in working condition.

(ix) The workers shall be provided with PPEs such as helmets, safety shoes, welding goggles, safety belt with safety life line, hand-gloves, self contained breathing apparatus etc as provided in the relevant Acts and Rules for such purpose and such safety gadgets shall be conforming to relevant Bureau of Indian Standards (BIS) or equivalent standards or as approved by the Chief Inspector of Factories (by Directorate of Industrial Safety & Health, of the State Government concerned) and shall be mandatorily used by the workers during such activities.

(x) The workers engaged in ship recycling activities shall be provided with the necessary instructions by the Safety Officer/Safety Supervisor with respect to the availability and use of fire fighting and safety equipment installed and maintained at the plot and on the ship and shall also ensure that such instructions are provided to the workers prior to delegation or entrustment of actual work to them.

(xi) The workers engaged in ship recycling activities shall be provided with the necessary instructions, information and training regarding the emergency and evacuation plan so that it may be executed smoothly in an emergency.

(xi) Proper precautions shall be taken while dismantling Coo Control Room and releasing CO2 from the Cylinders and that

a) such operations shall be undertaken only when there are no other works in the nearby area; and

b) such operations shall be done in the presence and as per the instructions of Safety Officer/Supervisor only.

6.4 Environmental compliance

6.4.1 Ship Recyclers shall strictly ensure the Environmental Compliance as per the requirements under the Water & Air Act, Hazardous Wastes (Management, Handling and Trans -boundary Movement) Rules 2008,and the relevant Environmental Impact Assessment and Coastal Regulation Zone notifications in case of new facilities planed. The following shall also be ensured:-

(i) Plot/yard shall be kept neat and clean and good housekeeping must be carried out all the time.

(ii) All plot holders must create temporary storage as authorized by SPCB under Hazardous Waste (Management, Handling and Trans-boundary movement) Rules-2008 and the amendments issued from time to time.

(iii) Each Plot holder must provide for handling Asbestos Containing Materials (ACM) and Asbestos Wastes with specially designed Negative Pressure Chambers with trained labours or avail common mobile facility for such removal. The concentration of Asbestos fiber in the work zone while recycling of the ships shall be complied with the prescribed norms i.e. less than 0.1 fibre per cubic centimeter for Blue and Brown Asbestos and less than 1 fibre per Cubic Centimeter as per OSHA standards. Alternatively, the plot holders must avail the Common Asbestos Handling System as approved by DG, FASLI and SPCBs.

(iv) Each plot holder must become a member of Treatment Storage and Disposal Facility (TDSF) authorized by SPCB to dispose their wastes into it.

(v) Each plot holder must maintain registers with calculation of for each kind of wastes generated.

Accordingly the ship recyclers must maintain ship-wise register for all waste categories,

(vi) Ship Recyclers shall pay for waste management charges to TSDF operator/SMB, if SMB is operating the same, based on the actual quantities of wastes disposed.

(vii) Seller / Ship Recyclers shall implement a local oil spill contingency plan to combat any oil spill eventuality from the anchoring point up to the ship recycling plots. Oil spill contingency plan should be approved by Indian Coast Guard.

(viii) Ship Recyclers shall enhance their support to regulatory authorities for environmental monitoring done from time to time including providing manpower, equipments, vessels and financial support, if any, required

(ix) For development of new plots or yards, ship recyclers through the, SMB or Port Trusts/Port Authorities shall have to obtain Environmental Clearance under EIA Notification-2006 and Coastal Regulation Zone (CRZ) Clearance under the CRZ Notification-1991 .

(x) The SPCB shall monitor for Management and Handling of Hazardous wastes etc. The main items of ships and the substances of concern with disposal options are as follows:-

(xi) The SPCB shall monitor for Management and Handling of Hazardous wastes etc. The main items of ships and the substances of concern with disposal options are as follows:- All ship breaking units shall be provided with air pollution control systems like suction devises or water sprinklers.

(xii) Each plot holder shall maintain basic oil spill response resources including sorbent boom, sorbent pads, and absorbent sheets in a quantity sufficient to attend to any spill from the ships being recycled in the plot.

6.4.2 Hazardous materials as listed above, not meant for resale, will be handed over to authorized waste management facility for further treatment and disposal. All ship breaking units shall obtain authorization under E-waste (Management) Rules, 2016.

6.4.3 In addition to above, SPCBs shall set-up ambient air quality monitoring station within 10Km radius of shipbreaking units for taking measurements as per notification of CPCB on National Ambient Air Quality Standards. Further, SPCB shall also carry out periodic monitoring of soil, sediment quality, work-zone air quality and marine water quality in shipbreaking areas. SMB/Port Authority shall carry out twice yearly monitoring of the same independently through any Council of Scientific & Industrial Research (CSIR) labs or the environmental labs recognized under the Environment (Protection) Act, 1986 for the same parameters. In addition to this, the SMB/Port Authority shall carry out the detailed analysis on improvement of the beaching methods with a mandate to evolve recycling methods targeting "zero waste" and "zero accidents" at every five year time interval.

6.5 Creation/enhancement of facilities for removal, storage and disposal of hazardous materials and hazardous wastes

6.5.1 The ballast water is required to be exchanged at high seas to avoid entry of Ceresin organisms into the local environment. The sediments are generally disposed of at yard/into' tidal zone. In order to avoid this, it shall be ensured by the Master of the ship that the sediments are also disposed along with ballast water by churning the mass. Alternatively, the sediments must have a reception facility at the yard to be set up by the Port Authority/SMB or authorized agencies on cost-recovery basis. Master of the Ship should be required to issue a certificate that this has been done.

6.5.2 Oil sediments removal practices shall be modernised to avoid workers getting exposed to unhygienic and unsafe environment. The yards shall use mobile tank cleaning systems to clean the tank's inside surfaces by adopting modern methods in which detergents and high pressure jets may be used.

6.5.3 For removal and disposal of asbestos, the procedure outlined above in Section 6. 1.10 (g), (h), (i), (j), (k), (l), and (m) shall be followed.

6.5.4 A land based common facility for treating bilge water shall be set up by the port authority or agencies authorized by it and made available to the recyclers on cost-recovery basis. Alternatively, a mobile facility shall also be provided by the port authority or authorized agencies. The sediments shall be sent to the secured landfill for disposal.

6.5.5 There shall be no burning of any material on the plot/yard/inertial zone.

6.5.6 The ship recycling permission shall be granted subject to the condition:

(i) The waste generated during ship breaking shall be segregated into hazardous and non-hazardous categories and intimate their quantities to the authority concerned.

(ii) Entire quantity of waste oil sludge and other mineral oil and paint chips generated during the ship breaking process shall be removed carefully and shall be sent immediately to the areas outside the beach for safe treatment and disposal.

(iii) A list of materials generated during ship breaking duly classified as hazardous waste and non-hazardous waste shall be submitted to SSPCB in the prescribed form periodically.

6.5.7 All gas cylinders recovered from ships shall be disposed off in accordance with appropriate regulations.

6.6 Environmental measures and house keeping

6.6.1 The ship-recycler shall obtain necessary authorization and consent from the State Pollution Control Board (SPCB) for ship-recycling activities and shall observe the following stipulations in that regard:-

(a) The ship recycler shall observe wherever applicable all the norms/stipulations covered under the Water Act, 1974, Air Act, 1981, the Environment (Protection) Act, 1986, the Hazardous Wastes (Management, Handling and Trans-boundary Movement) Rules, 2008 and Coastal Regulation Zone (CRZ) Rules-1991 framed under the Environment (Protection) Act, 1986.

(b) The ship recycler shall not allow waste materials such as oil cakes, dead cargo of inorganic stuff like hydrated/solidified cement, thermocol pieces, wooden pieces/rubber pieces, scrap iron and other metallic pieces, glass wool, rubber pipes and gaskets, Poly Vinyl Chloride(PVC) pipelines and pieces of PVC sheets, corks, asbestos pieces etc. to be thrown directly into the sea or on the sea shore but shall ensure that such waste materials are collected and stored in secured storage facility within the plot and shall be subsequently sent to the secured landfill site. Records shall be maintained regarding the quantities of such wastes generated in the yard for every ship recycled. In any case no open burning of hazardous waste either within the ship-recycling yard or outside shall be allowed.

(c) The ship recycler shall strictly adhere to and follow the instructions issued by the State Pollution Control Board (SPCB) for collection and disposal of toxic materials, such as asbestos, lead (Pb), chromium (Cr) etc. and organic materials such as polychlorinated biphenyls (PCBs).

(d) The ship recycler shall separately collect the sand and fine powder, if any, obtained after clearing of cargo holds of oil tankers and shall dispose of the same in secured landfill in accordance with the directions of the SPCB.

(e) The ship recycler shall sprinkle seawater, daily, over the working area in order to minimize dust generation due to material handling.

(f) The ship recycler shall take necessary measures for preventing the escape of oil or noxious liquid substances into the sea. If any oil or noxious liquid substances spill occurs and escapes into the sea, the ship recycler shall inform the Coast Guard and other concerned authorities and take necessary action for the removal of the oil or noxious liquid substances slicks on the surface of the sea. If the spill is not contained and removed locally, necessary pollution report shall be made to the concerned authority in accordance with the National Oil Spill Disaster Contingency Plan (NOSDCP). The ship recycler will be liable for the cleanup.

(g) The ship recycler shall ensure surrender of and maintaining details of removal and surrender of smoke detectors to SMB/Port Authority for safe disposal as per AERB norms.

6.7 Solid waste management

6.7.1 A modern Solid Waste Management system shall be established in the plot to collect, transport, store and dispose of solid waste generated from the plot in accordance with the conditions of authorization issued by the concerned SPCB, from time to time.

6.7.2 Special care must be taken in the handling of asbestos wastes, and total quantities of such waste shall be made known to the authorities concerned. The concerned SPCB shall authorize and ensure final disposal of asbestos waste.

6.7.3 Ship-recyclers should be given authorization by the concerned SPCB under the Hazardous Wastes (Management Handling and Trans- boundary Movement) Rules, 2008, only if they have provisions for handling and disposal of the waste in an environmentally sound manner. All authorizations shall be renewed subsequently only if they have complied with the conditions of authorization and also have adequate facilities for handling and disposal of wastes in an environmentally sound manner.

6.7.4 Radioactive waste including ionization chamber based smoke detectors, if any, shall be securely stored in an exclusive place till such time they are disposed of as per norms of AERB.

6.8 House Keeping

6.8.1 The ship-recycler shall keep the work place clean and well maintained. The machinery and material/scrap etc. shall be arranged properly within the plot to provide access for rescue operation in case of any accident or fire or explosion.

6.8.2 Statement of completion of ship recycling shall be submitted to the SMB/Port Authorities after the completion of ship recycling.

6.9 Health Compliance:-

(i) Ship Recyclers shall regularly arrange the health camps for ship breaking labour at their own cost. Ship Recyclers shall also arrange for diagnosis, treatment and referral at their own cost for ship breaking labourers.

(ii) SMB shall ensure establishing adequate number of permanent health care facilities and doctors at Ship Recycling Yards for treatment of orthopaedic, burns and other chronic diseases and disabilities reported in the ship recycling industries.

(iii) National Institute of Occupational Health (NIOH) or Indian Council of Medical Research (ICMR) institutions may be involved for such facilitation.

6.10 Action by the State Maritime Board (SMB)/ Port Authority 6.10.1 The SMB/Port Authority and the Ship recycler shall be responsible for overall supervision of the ship recycling activities at the yard. The SMB/Port Authority may appoint required number of qualified safety officers/supervisors for vigorous supervisions of the ship recycling activities and for attending to rescue operation in case of necessity. This is in addition to the Officers/Inspectors appointed by the State Government under the Factories Act.

6.10.2 The SMB /Port Authority's Safety officer/ Supervisor and/or Factory Inspector and/or the members of Safety Rating Team - as may be constituted by the Port Authority/SMB for safety evaluation within the ship recycling yard-will periodically visit the ship recycling plots and shall bring to the notice of the Safety Officer/Safety Supervisor of respective plots, the incidents of unsafe practices that may be observed by him/them during such visits for necessary preventive action.

6.10.3 The SMB/Port Authority shall have the powers to suspend the cutting operations temporarily, in case any unfair practices or unsafe operations are observed in any of the ship recycling plots until the corrective measures are taken to the satisfaction of the SMB/Port Authority.

6.10.4 The SMB/ Port Authority shall provide to the Ship recycling yard/plot:

i. water

ii. sanitation facilities

6.10.5 The SMB/Port Authority shall provide adequate housing/dormitory facilities for workmen at suitable locations on cost recovery basis by way of rent from occupants with facilities for supply of drinking water, sanitation, electricity and shopping centre etc.

6.10.6 The SMB/Port Authority shall take up in a time bound manner the following steps:-

i. To rationalize the leasing arrangements for the plots, including the appropriate time period for the lease, work out appropriate plot size and layout of the recycling facilities so that the ship-breaking operations could be undertaken in a well-regulated and better organized manner with particular attention being paid to the requirements of safety, health and environmentally sound ship recycling operations management.

ii. Setting up of a Model ship recycling facility in coordination with Ship Recyclers and as per prevailing regulations of Safety and Environment management. This model facility may function as a demonstration/training facility, while being leased out to prospective plot holders for undertaking ship- breaking operations.

6.11 Training

6.11.1 Appropriate arrangement for handling ship recycling works shall be made by the SMB/Port Authority in a time bound manner to ensure that all the workers are trained. Arrangement shall be made to provide specialized training to handle gas detector and for handling of Asbestos and other hazardous materials. After such training, specialization certificates may be issued to the workers concerned.

6.11.2 Till the time separate training and certification arrangements are in place, the SMB/Port Authority may set up necessary temporary facilities for training and certification or authorize a competent agency to do so.

6.12 Other Miscellaneous Provisions

6.12.1 Drinking Water and water supply, overall sanitation and health care facilities to workers, including housing facilities shall be the responsibilities of the SMB/Port Authority and these authorities must cater these facilities within 12 months from the date on which this code comes into force.

6.12.2 In case any worker suffers from asbestosis cancer due to ship breaking occupation and such disabilities including loss of limbs or any part of body in accidents, the concerned ship recyclers or Ship Recyclers Association shall compensate the worker. The workers if detected for asbestosis and other diseases and disabilities due to ship recycling activities, Ship Recyclers shall have to re-employ the workers in less prone area as post disease plans and protect their livelihood.

6.12.3 Ship Recyclers shall provide the food/canteen facilities as per the provisions of the Factories Act.

6.12.4 The SMB/Port Authority with the help of Health Department of the State Government shall create data base of health profile and health card of each labours to create base line health status of the labors engaged in the ship breaking industry.

CHAPTER VII

OCCUPATIONAL SAFETY AND HEALTH (OSH) MANAGEMENT GUIDELINES

7.1 Implementation of Occupational Safety and Health Management System

7.1.1 The process of improving working conditions at a ship recycling facility must be approached systematically in order to bring them up to reasonable standards. Occupational Safety and Health (OSH) Management Systems shall be implemented by each ship recycler. The systems shall be specific to the facilities and appropriate to their size and the nature of activities. The aim of OSH Management Systems shall be to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, by minimising, so far as is possible, the causes of hazards inherent in the working environment.

With a view to achieving acceptable occupational safety, health and environmentally sustainable conditions, investment in permanent structures for their continuous review, planning, implementation, evaluation and action is necessary.

7.1.2 An OSH management system shall contain the following main elements:

(a) Occupational Safety and Health(OSH) Policy

(b) Necessary conditions for the executing organization, i.e. establishment of a system of responsibility and accountability, awareness and training, documentation, communication and information;

(c) Hazard and risk assessment, planning and implementation of OSH activities;

(d) Evaluation of OSH performance and taking corrective action for improvement.

7.2 Occupational Safety and Health Policy (OSH Policy)

7.2.1 The OSH policy for the Ship Recycling Facility shall include at least the following key principles and objectives to which the facility is committed:-

(a) Commitment of the management to the occupational safety, health and environmental programmes;

(b) Recognizing OSH as an integral part of the overall management structure and OSH performance as an integral part of the facility's business performance.

(c) Protecting the safety and health of all workers of the facility by preventing work related injuries and diseases, ill health and incidents;

(d) Complying with relevant OSH national laws and regulations, voluntary programmes, collective agreements on OSH and other requirements to which the facility subscribes;

(e) Ensuring that workers and their representatives are consulted and encouraged to participate actively in all elements of the OSH management system; and

(f) Continuous improvement of the performance of the OSH Management System.

7.3 Planning and implementation

7.3.1 Every Ship Recycling Facility must be duly certified as complaint with the Occupational Safety and Health Management Guidelines. This Certification shall be done initially upon the entry into force of this Code or by such date as may be specified under this Code.

Every such certified Ship Recycling Facility is required to undergo (annual/ bi-annual/ Five yearly) audit by a recognized surveyor to ensure continued compliance with the Occupational Safety and Health Management Guidelines.

7.3.2 The Ship Recycling Facility shall submit its OSH Management policy for a review to (authority), alongwith its application for the issuance of Certificate under 7.3.1 above. Based on the results of the initial review, subsequent reviews or other available data, arrangements shall be made for adequate and appropriate OSH planning, which shall include:

(a) a clear definition, priority setting and quantification, where appropriate, of the OSH objectives for the reduction of existing risks to as low a level as possible;

(b) preparation of a plan for achieving each objective, with defined responsibility and clear performance criteria indicating what at is to be done by whom and when;

(c) selection, planning and implementation of corresponding preventive and protective measures:

(d) selection of measurement criteria for confirming that the objectives are achieved ; and (e) provision of adequate resources, including human and financial resources and technical support, as appropriate to supplement and strengthen the OSH Management System.

7.4 Emergency preparedness

7.4.1 Emergency prevention, preparedness and response arrangements shall be established and maintained. These arrangements shall identify the potential for accidents and situations of emergency, and seek to address and prevent the OSH risks associated with such emergencies. Arrangements shall be made according to the location and environment of the Ship Recycling Facility and also take into account the size and nature of activities associated with each ship recycling operation. These shall:-

( a ) ensure that the necessary information, internal communication and coordination are provided to protect all people in the event of an emergency at the facility;

( b ) provide information to and communication with the relevant competent authorities , and the neighborhood and emergency response services;

( c ) address issues of first-aid and medical assistance, fire-fighting and evacuation of all people at the facility: and

( d ) provide relevant information and training to all members of the Ship Recycling Facility, at all levels and according to their competence, including regular exercises in emergency prevention, preparedness and response procedures.

7.5 Reporting, recording and notification of work related injuries and diseases, ill health and incidents 7.5.1 In the establishment, review and application of systems for the reporting, provisions for recording and notification of wor-related injuries and diseases, ill health and incidents shall be developed.

7.5.2 Reporting, recording, notification and investigation of work-related injuries and diseases, ill health and incidents are essential for active monitoring and shall be undertaken to:

(a) provide reliable information about occupational accidents and diseases at facility level;

(b) identify major safety and health problems arising from ship recycling activities;

(c) define priorities of action; ^

(d) evolve effective methods for dealing with occupational accidents and diseases; and

(e) monitor the effectiveness of measures taken to secure satisfactory levels of safety and health.

7.6 Notification of work-related injuries

7.6.1 All accidents at the work place shall be reported to the Directorate of Industrial Safety & Health (DISH) as per Section 88 and 88-A of Factories Act 1948 and a copy of the same will be sent to SMB/Port Authority 7.6.2 Such report shall be made immediately which shall inter-alia contain:

(a) an accident report for sending to the factory inspectorate and the SMB/Port Authority; andPART I—SEC. 1] THE GAZETTE OF INDIA, FEBRUARY 18, 2017 (MAGHA 29, 1938) 217 ( b ) a compensation report for sending to the insurance institution

7.7 Notification of occupational diseases

7.7.1 Notification of occupational diseases shall be in accordance with the provisions of Section 89 of the Factories Act, 1948 and the report of the Medical Officer shall include the following information:-

(a) The name and full postal address of the patient:

(b) the disease from which he believes the patient to be suffering; and

(b) the name and address of the premises in which the patient is or was last, employed.

7.8 Means of access and egress

7. 8.1 Adequate and safe means of access and egress shall be provided for all workplaces during all ship recycling operations, and these routes shall be maintained so that they are in a safe condition.

7.8.2 Means of access to vessels shall be:

(a) where practicable the ship's accommodation ladder, a gangway or a similar appliance, or (b) in other cases, ladders, stairs; or, if necessary, rope stepladders or similar appliances.

7.8.3 Means of access shall:- '

(a) be kept free from obstructions; if they pass through workplaces they shall be protected against falling objects:

(b) as far as practicable be so installed that no loads pass over them. In any event, loads shall not be passed over the means of access while workers are using them.

7.8.4 Hatches, openings or any other 'means 'of access to holds, ships' decks or between decks shall be provided with safety barriers. If it is not practicable to provide fixed hold ladders, portable- metal ladders (or appropriate wooden ones) shall be provided. Rope ladders shall be used only as supplementary means of access to holds. All ladders shall be safely and adequately secured before being used.

7.9 Means of escape, in case of fire, or other dangers

7.9.1 Means of escape shall be kept clear at all times. Escape routes shall be frequently inspected and modified on the ship continuously according to the progress of the breaking process. Where appropriate, suitable visual signs shall be provided to indicate clearly the direction of escape in case of fire.

7.9.2 Means of escape shall be:-

( a ) provided on the ship and from the ship during all breaking operations:

( b ) shown on plans which shall be prominently displayed at the access to and inside the ship and landside facilities as appropriate.

7.10 Roadways, quays, yards and other places

7.10.1 Roadways, quays, yards, etc., where persons or vehicles move or are stationed shall be so constructed and maintained as to be safe for the traffic that they have to carry.

7.10.2 Yards and other places that are surrounded by fencing shall have separate gates for pedestrians and vehicles.

7.10.3 Dangerous crossings where transport of heavy objects is carried out shall be protected by automatic signals or gates whenever possible, or be guarded by watchmen.

7.11 Housekeeping

7.11.1 A suitable housekeeping programme shall be established and continuously reviewed and impemented on each ship recycling facility a n d ship which shall include provisions for:-

(a) the proper storage of materials and equipment;

(b) the removal, at appropriate intervals, of scrap, waste and debris.

7.11.2 Loose materials which are not required for immediate use shall not be placed or allowed to accumulate on the site so as to dangerously obstruct means of access to and egress from work places and passageways.

7.11.3 Workplaces and passage ways that are slippery owing to oil or other causes shall be cleaned up or strewn with sand, sawdust, ash or like materials.

7.11.4 Tools, bolts, nuts and other objects shall not be left lying around where they could create a tripping hazard.

7.11.5 Scrap, waste, rubbish and dirt shall not be allowed to accumulate at workplaces or in passageways.

7.11.6 Rubbish, dirt and refuse shall not be thrown overboard or in and around the yard but removed in a systematic and environmentally sustainable manner.

7.12 Scaffolds and ladders

7 .12.1 Where work cannot safely be done on or around the yard or part of a ship or other permanent structure, a safe and suitable scaffold, or other equally safe and suitable provision should be provided and maintained.

7.12.2 The competent authority shall establish and enforce laws, regulations or standards covering detailed technical provisions for the design, construction, erection, use, maintenance, dismantling and inspection of different kinds of scaffolds and ladders used.

7.12.3 Scaffolds shall be provided with safe means of access, such as gangways, stairways or ladders. Ladders shall be adequately secured against inadvertent movement.

7.12.4 Every scaffold and part thereof shall be:

(a) designed so as to prevent hazards for workers and collapse or accidental displacement when properly used;

(b) designed so that guard rails and other protective devices, platforms, putlogs, rakers, transoms, ladders, stairs or ramps, as appropriate, can be easily put together;

(c) of suitable and sound material and of adequate size and strength for the purpose for which it is to be used and

(d) maintained in a proper condition.

7.13 Precautions against the fall of persons and materials

7.13.1 All openings through which workers are likely to fall should be kept effectively covered or fenced and clearly indicated in the most appropriate manner.

7.13.2 Adequate precautions shall be taken such as the provision of fencing, lookout men or barriers to protect any person who might be injured by the fall of materials, or tools or equipment being raised or lowered.

7.13.3 As far as practicable and in accordance with national laws and regulations, guard rails and toe boards shall be provided to protect workers from falling from elevated workplaces. Wherever the guard rails toe boards cannot be provided:

(a) adequate safety nets or safety sheets shall be erected and maintained; or

(b) adequate safety harnesses shall be provided and used.

7.13.4 Where necessary to prevent danger, guys, stays or supports shall be used or other effective precautions shall be taken to prevent the collapse of structures or parts of structures that are being dismantled or demolished.

7.13.5 Waste materials or objects shall not be thrown down from heights. If material and objects cannot be safely lowered from heights, adequate precautions such as the provision of fencing or barriers shall be taken. Loose articles shall not be left lying in places where they could fall on persons below. Workers employed at elevated workplaces shall be provided with containers for screws, bolts, nuts and the like.

7.14 Fire prevention and fire-fighting

7.14.1 All appropriate measures shall be taken by the employer to:

(a) avoid the risk of fire;

(b) control quickly and efficiently any outbreak of fire;

(c)bring about a quick and safe evacuation of persons.

7.14.2 Sufficient and secure storage areas shall be provided for flammable liquids and solids and gases such as liquefied petroleum gas (LPG) tanks and acetylene cylinders, paints and other such materials.

7.14.3 Smoking shall be prohibited and "No Smoking" notices prominently displayed in all places containing readily combustible or flammable materials.

7.14.4 In confined spaces and other places in which flammable gases; vapours or dusts can cause danger:

(a) only suitably protected electrical installations and equipment including portable lamps, shall be used;

(b) there shall be no naked flames or similar means of ignition;

(c) there shall be notices prohibiting smoking;

(d) oily rags, waste and clothes or other substances liable to spontaneous ignition shall be removed promptly and without any delay to a safe place;

(e) adequate ventilation shall be provided; and

(f) persons wearing clothes likely to cause static electricity or shoes likely to cause sparks shall be excluded.

7.14.5 Combustible materials, greasy/oily waste and scrap wood or plastics shall be kept in closed metal containers in a safe place.

7.14.6 Regular inspections shall be conducted in places where there are fire risks. These include the vicinity of heating appliances, electrical installations and conductors, stores of flammable and combustible materials, hot welding and cutting operations.

7.14.7 Welding, flame cutting and other hot work shall only be done on the orders of a competent person after appropriate precautions, as required, are taken to reduce the risk of fire and explosion.

7.14.8 In accordance with the provisions of the relevant Acts and Regulations, places where the danger of fire exist, shall be provided with:

(a) suitable and sufficient fire -extinguishing equipment, readily available, and easily visible and accessible;

(b) an adequate water supply at ample pressure.

7.14.9 Fire-extinguishing equipment shall be selected and provided in accordance with the provisions of international and national laws and regulations, the results of the initial hazard identification and risk and assessment and based on the processes, identified in the safe ship recycling plan. Equipment deployed shall comply with national/international standards and be suitable for and consistent with the following demands and applications:

(a) the restricted access, egress and confined spaces inside the ship;

(b) the quantity and characteristics of hazardous, flammable and explosive substances handled in ship recycling operations;

(c) site transport and storage facilities; and

(d) first-stage fire-fighting purposes (hand-held or trolley-mounted portable fire-fighting extinguishers). The extinguishing medium shall be selected according to identified hazards and risks and control measures.

7.14.10 Fire-extinguishing equipment shall be properly maintained in full working order and inspected at suitable intervals by a competent person. Access to fire extinguishing equipment such as hydrants. portable extinguishers and connections for hoses shall be kept clear at all times.

7.14.11 Suitable training, instruction and information shall be given to all supervisors and a sufficient number of workers about the; hazards of fires, the appropriate precautions to be taken and the use of fire- extinguishing equipment, so that adequate trained personnel is readily available during all working periods. The training, instruction and information provided shall include, in particular:

(a) the circumstances in which workers shall not attempt to deal with a fire themselves but shall evacuate the area and call in firefighters:

(b) when, where and how to raise the alarm;

(e) action to be taken in the event of fire, including the use of means of escape:

(d) the correct use of fire-fighting and fire-protection equipment for workers expected to use it;

(e) the toxic nature of the fumes given off and first-aid measures;

(f) the proper use of appropriate personal.protective equipment; and

(g) evacuation plans and procedures.

7.14.12. Sufficient and suitable areas should be provided for flammable liquids and solids adhering to the provisions stipulated in the relevant Acts and rules for storage of such materials and suitable and effective means (sight and sound signals) to give warning in case of fire shall be installed. There shall be an effective evacuation plan so that all persons are evacuated speedily without panic.

7.14.13 Notices shall be prominently posted at conspicuous places indicating; if applicable, the,

(a) nearest fire alarm;

(b) telephone number and address of the nearest emergency services; and

(c) nearest first-aid post.

7.15 Dangerous atmospheres and confined spaces

7.15.1 Where workers are required to enter any area in which a toxic or harmful substance may be present, or may have been present, or in which there may be an oxygen deficiency or a flammable atmosphere, adequate measures shall be taken to guard against danger.

7.15.2 The measures to be taken regarding dangerous atmospheres shall be prescribed by the competent authority in conformity with the IMO recommendations for entry into enclosed spaces aboard ships and shall include prior permission from a competent person, or any other system by which entry into any area in which a dangerous atmosphere may be present can be affected only after completing specified procedures.

7.15.3 Inside a confined space or area, no naked light or flame or hot work shall be permitted unless it has been made completely free of the flammable material, tested and found safe by a competent person. Only non-sparking tools and flameproof hand lamps protected with guard and safety torches shall be used inside such confined space or area for initial inspection, cleaning or other work required to be done for making the area safe.

7.15.4. While a worker is in a confined space:-

(a) adequate facilities and equipment including breathing apparatus, first- aid kit, resuscitation apparatus and oxygen shall be readily available- for rescue purposes:

(b) a fully trained attendant or attendants shall be stationed at or near the opening; and

(c) suitable means of communication shall be maintained between the worker and the attendant or attendants.

7.16 Signs, notices and colour codes

7.16.1 Signs and symbols are a very effective methods for warning against hazards and for presenting information in a non-linguistic form. Safety signs and notices shall conform in shape and colour to the requirements of the competent authority.

7.16.2 The contents of portable fire extinguishers shall be indicated by a colour code in compliance with the requirements of the competent authority. Each fire extinguisher shall have a label affixed to it providing instructions for its use.

7.16.3 Various standards exist for the colour coding of electrical wiring. Care shall always be taken to ensure that personnel are aware of the meaning of the core colours on board each ship. If a replacement is required, it shall be in accordance with the coding system.

7.16.4 All gas cylinders should be clearly marked with the name and symbol of the gas and the body should be colour coded as per the relevant BIS. A copy of the colour coding shall be displayed at conspicuous place in the cylinder storage yard. A separate place shall be earmarked for storage of empty cylinders.

7.16.5 All radioactive waste material shall be labeled and stored as per Atomic Energy (Radiation Protection) Rules, 2004 and with due instructions of RSO of SMB/Port Authority.

7.17 Prevention of unauthorized entry

7.17.1 Visitors shall not be allowed access to ship breaking facilities or ships, as appropriate, unless authorized and accompanied by a competent person and provided with the appropriate protective equipment.

7.17.2 Appropriate arrangements concerning access by workers representatives shall be established in accordance with the provisions of national laws and regulations or of collective agreements.

CHAPTER VIII

Miscellaneous and Penalty Provisions

8.l Actions to be taken in the event of an accident on any plot and/or on the ship or for non-compliance of any of these regulations

8.1.1 The ship-recycler shall report in writing to the Factory Inspector, Port Authority about any accident/fire/explosion which occurred on the plot and a ship, immediately on such occurrence. In the event of death of the worker, the ship recycler shall also inform the Police Authority having jurisdiction, nearest relative and District Magistrate or Sub-divisional Magistrate.

8.1.2 In the event of any accident/fire/explosion/radiological incident on any plot and/or on any ship leading to a death or serious bodily injury to any person or any accident on any plot and/or on the ship resulting from the non-compliance of any of the Regulations contained in this Code, , the following actions shall be taken:

(a) In the event of major fire/explosion/accident/radiological incident causing damages with or without death or serious bodily injury to any person, all activities related to ship recycling on the plot be suspended forthwith by the port authority with immediate effect for a minimum period of 5 (five) days and for a maximum period of 30 days. During this period, the State Maritime Board/Port Authority shall carry out detailed investigation through a team comprising of professionals having experience and qualification of Industrial Safety and Health Management; Naval Architecture/Marine Engineering, Environment and Pollution Control/AERB (in radiological incidents). The investigation team appointed by the SMB/Port Authority shall thoroughly inspect the plot/yard and investigate the cause of incident. The respective plot holder shall be directed by the State Maritime Board/Port Authority to rectify the same and restore safe working environment prior to resumption of operation within 30 days. If the situation is not restored within 30 days, the time limit for closure of the plots shall be extended till the inspecting team satisfies itself regarding the compliance with the above conditions. The outcome of the investigation team will form a Standard Operating Procedures for prevention of such accidents or help upgrading existing SOP.

(b) Legal action in case of any accident injury/non-compliance with the provisions of the Factories Act, 1948 shall be taken by the DISH. The Inspector of Factories shall enquire into every fatal accident and serious injuries to any person on any plot for on the ship, as per Section 88 of the Factories Act, 1948. Legally DISH may file the case against concerned ship recycler for such non-compliance or accidents as per Factory Act under Section 92 or such relevant Sections.

(c) For all the cases of fire/accident/explosion leading to a death or serious bodily injury to any person, an inquiry shall be commissioned by a team comprising authorized person(s) of DISH as mentioned in (a) above and such investigative team shall file the inquest report on which the DISH shall initiate penal action, if any.

(d) The State Government/SMB/Port Authority, if it considers it expedient, may appoint a competent person to enquire into the causes as per Section 90 of the Factories Act, 1948.

(e) The penalties and procedure for initiating legal action should be as per the provisions of Chapter X - Penalties and Procedures - Section 92 - 106A of the Factories Act 1948.

8.2 Appeal provision

The ship recycler on whom an order in writing has been served by the Factory Inspector under the provisions of the Factories Act, 1948 or by the SMB/Port Authority as per the provisions given above, may within 30 days of service of such order, appeal against the prescribed authority and such authority may, subject to rules made in this behalf by the State Government, modify or reverse the order. The Appeal shall be against the Secretary (Labour) of the State Government.

8.3 Miscellaneous

8.3.1 The Ship-Recycling Yard/Ship breaking yard under SMB/Port Authority or Port Trust or private operator shall provide basic infrastructure within amaximum of 2 (two) years period from the date of entry into force of this code of regulations. The basic infrastructure shall have aminimum of the following facilities.

i. Hydrant system for fire fighting purpose.

ii. Potable drinking water supply.

iii. Drainage/Sewerage system.

iv. Street lighting facilities.

v. Domestic waste management system.

vi. Internal Roads and connectivity to main Highways

vii. Administrative Buildings and Training Institutes

viii Common Sanitary Blocks for labours and other primary amenities like community centres, labour welfare centre.

8.3.2 The above services may be regulated either by the State Maritime Board (SMB)/Port Authority or such authorities appointed by the State Government or by a body constituted by SMB/Port Authority which shall have the authority to regulate all services, levy duty/cess, and collect operational and maintenance expenses. Such authority shall be responsible for over-seeing and regulating the functioning, operation, and maintenance of above facilities.

8.3.3. Further, SMB/Port Authority/or such other authorities/ Owner of such yard will develop and protect the area by removing encroachments, taking up beautification and afforestation activities.

8.3.4 Housing facilities for the labourers/workers shall be provided by suitable mechanisms such as by creation of a Trust, The Trust may include members of ship recycling association, the SMB/Port Authority representatives, District Collectorate Officials, Labour Officer and Labourers' representatives.

8.3.5 The Labour Department shall ensure that labourers/workers are paid as per minimum wages rules and no exploitation of the ship recycling labourers/workers be made by the ship breakers.

8.3.6 In the event of any question arising out of the interpretation of any of the clauses of the regulations, the decision of the Ministry of Shipping shall be final.

8.3.7 Unless the context otherwise requires, the other terms used in the Code shall have the meaning assigned to them under the Acts such as Petroleum Act, 1934; Petroleum Rules, 2002; Factories Act, 1948 and the respective State Factories rules: Water Pollution (Prevention and Control) act, 1974; Gas Cylinder Rules, 2004; Air (Prevention and Control of Pollution) Act, 1981; the Merchant Shipping Act, 1958, Static and Mobile Pressure Vessels (Unfired) Rules, 1981: Explosive Act, 1884 and Explosive Rules, 2008; Hazardous Wastes (Management, Handling and Trans-boundary Movement) Rules, 2008; the Environment (Protection) Act, 1986; the various Regulations and Rules framed under these Acts and Rules including Gujarat Maritime Board Ship Recycling Regulations 2003 and also other applicable Acts and Rules of the State Governments for ship recycling as notified from time to time.

8.3.8 Import of ships destined for recycling under this Code shall be subject to the Import and Export Policy of the Government of India as well as relevant provisions laid down under various Acts/Rules as amended from time to time. At present such import is permitted under Open General License vide tariff item 89.08. Department of Revenue of the Ministry of Finance in consultation with World Customs Organization vide circular No.37/96 dated 3 July 1996 has clarified that, apart from the ship, everything contained in the ship such as spares etc. are also covered under tariff item 89.08.

8.3.9 This Code shall be applicable to all Ship Recycling Activities in India. Under item 1.3.4 the concerned Port Authority/State Maritime Board or the concerned State government, while granting permission for ship recycling, yard/plots under their control and/or while granting the approval and authorization for carrying out Ship Recycling Activities shall seek approval, licensing and registration of the factory as per Section 6 of the Factories Act, 1948 from the Directorate of Industrial Safety and Health/State Factories Directorate.

8.3.10 However, the Ministry of Shipping, Government of India and the respective Port Authorities/State Maritime Boards or the concerned Department of the State Government reserve the right to give specific exemptions for undertaking recycling/breaking of ships grounded at any other sea front other than a recognized ship recycling plot or yard. These regulations do not apply to the ships, which are grounded and defined as wrecks. For removal of a wreck, the relevant rules under the Merchant Shipping Act, 1958.

8.3.11 A ship delivered physically for recycling purpose shall be free from any claims or maritime lien arising against any former owner of the ship.

8.3.12 This Code shall mandatorily apply to all the implementing authorities involved.

8.4 Amendment Provisions for the Code

8.4.1 This regulations contained in this Code may be amended by the Ministry of Shipping, Government of India, in the following circumstances:-

i. On ratification of the International Maritime Organization (IMO) Convention on Ship Recycling by the Government of India and any subsequent changes to the IMO Convention on ship recycling;

ii. On amendments of other rules and regulations by the Government of India having a bearing on the Code; and

iii. On consideration of the Ministry of Shipping, Government of India, on requests from the other Central Ministries/Departments, the State Maritime Boards /Port Authorities and other Stakeholders for carrying out requisite amendments, in the event of any practical difficulties in the implementation of the provisions of this Code.

Annexure-I (para 3.4) Initial Reporting by the Ship Owner regarding their ship(s) to be sent to the States (Recycling Yards) 1.0 A ship-owner shall notify the concerned Administration as specified in the IMO Ship Recycling Convention (yet to be ratified) in due time and in writing, of the intention to recycle a ship in order to enable the Administration to prepare for the survey and certification as required by the IMO Ship Recycling Convention.

1.1 A Ship Recycling Facility when preparing to receive a ship for recycling shall notify in due time and in writing to the Competent Authority (ies) of the intent The notification shall include the following ship details:

i. Name of the State whose flag the ship is entitled to fly;

ii. Date on which the ship was registered with that State;

iii. Ship's identification number (IMO number):

iv. Hull number on new-building delivery:

v. Name and type of the ship:

vi. Expected time of arrival:

vii. Port at which the ship is registered and last port clearance;

viii. Name and address of the Ship-owner as well as the IMO registered owner identification number;

ix. Name and address of the company as well as the IMO company identification number;

x. Inventory of Hazardous Materials as per Appendix-HI of Hong Kong Convention of Ship Recycling on board the shipsstructures ( This will be made mandatory once the Convention is ratified, otherwise common IHM Inventory may be sufficient for knowledge of hazardous materials by the ship recycling yards);

xi. Cargo free certificate issued by the last port authorities;

xii. Name of all classification society(ies) with which the ship is classed;

xiii. Ship's main particulars -{Length overall (LOA)}, Breadth (Moulded)/ Depth (Moulded), Lightweight, Gross and Net tonnage, and engine type and rating); and

xiv. Inventory of Hazardous Materials; and International Ready for Recycling Certificate.

Signature of owner:

Seal of his Company:

Telephone No:

Fax No.:

E-mail ID:

Date:

Annexure-II

(para 3.12) To,

The Port Authority/State Maritime Board

Sub: Application for beaching permission.

Dear Sir,

l/We am/are having licensed to beach and break ships on plot no. ___________________________________apply for granting permission to beach ship on my/our plot. Required information is given below.

1 . Name of the applicant:

2. Plot No.:

3. Size of the plot:

4. Last vessel beached on:

5.       LDT of the last vessel:
6.       Present   status  of  the  last  vessel  beached.  (If  it  is  under  recycling,  percentage  yet  to  be  dismantled  shall  be
         indicated.)
7.       Details of vessel to be beached:-
         (a).      Name:
         (b)       Flag:
         (c)       Origin:
         (d)       Type:
         (e)       LDT:
         (f)       ETA:
         (g)       Last port visited and Last Port Clearance Certificate.
         (h)       Cargo handled during last 3  voyages:
         (i)       Live or dead vessel:
8.       Certified that,
         i.        All the information given are true to my best knowledge.
         ii.       All the debris other than clean scrap are removed from sea/sea shore and disposed in approved manner.
         iii.      Gas free certificates viz. (a) for entry into wet or dry dock (b) for man entry (c) gas free certificate for work
                   are obtained from the explosive department and enclosed if the vessel is Oil Tanker which is attached as
                   Annexure:
         iv.       Certificate from master of ship is attached as Annexure:
         v.        Certificate  of  entry  as  per  Section  36  of  the  Factories  Act,  1948  is  obtained  from  competent  person  and
                   attached as Annexure:
         vi.       Present status of the total width of the ship/ships along with ship to be beached is less than 5 metres of the
                   width of the plot:
9.       Documents attached:
         (a)       Original MOA between buyer and seller
         (b)       Challan for payment made to port
         (c)       Customs NOC with challan
         (d)       SPCB authorization
         (e)       Copy of Registered Certificate from TDSF operator
         (f)       Master Certificate (Gas free, CO2, No hazardous material)
         (g)       Survey report - original
         (h)       Original physical delivery certificate
         (i)       For  oil,  petroleum,  gas  free  certificates  issued  by  an  officer  of  Petroleum  and Explosives,  Safety
                   Organization, Government of India. In case of Chemical Carrier - Certificate from competent persons under
                   the provisions of the Factories Act, 1948.
          (j)      For oil tankers, gas free certificates issued by an officer of Petroleum and Explosives, Safety Organization,
                   Government of India. In case of LPG/LNG tanker of chemical carrier, certificates from competent persons
                   under the provisions of the Factories Act, 1948.
         (k)       Undertaking on Rs. 100 stamp paper with name, full address and contact
         .......................................................................................................................................................
          (For office use only)
         1.    Date of receipt of application
         2.    Received by:
         3.    Beaching permission granted on:

Annexure – III

(para 5.8) To,

The Port Authority/State Maritime Board

Sub: Application for recycling permission.

Dear Sir,

I/We am/are having licensed to beach and break ships on plot no.

___________________________ apply for granting permission to breakship on my/our plot. Required information is given below.

1 . Name of the applicant:

2. Plot No.:

3. Size of the plot:

4. Present status of the vessel under cutting :

5. Details of vessel to be broken.

(a) Name:

(b) Type:

( c ) LDT:

6. Certified that:-

(i) All the information given are true to my best knowledge.

(ii) Certificates viz. (a) for man entry into confined spaces likely to contain dangerous fumes & insufficient oxygen, as per the Rules 68-H made under sections 36,41 &112 of the Factories Act, 1948 issued by the Competent Person, (b) Naked Light Certificate (Hot Work Permit) as per the Rules 68 - H made under sections 41 & 112 of the Factories Act, 1948 as issued by the competent person (c) Receipt giving evidence of Custom Clearance of the ship (d) Certified copy of authorization and consent from the State Pollution Control Board for ship recycling activity; are enclosed as Annexure: ' . A copy of Ship Specific Dismantling Plan is attached.

Annexure IV

(para 5.8)

UNDERTAKING

I, the undersigned, hereby certify that:-

(a) All kinds of petroleum products such as oil, fuel in tank etc. and gas, including CO2, gas of the ship have been emptied and evacuated and shall be thoroughly cleaned prior to undertaking cutting operation.

(b) No unauthorized decanting of gas cylinder/s and/or tiling of cylinder/s with gases such as Freon, Ammonia, Carbon Dioxide etc., is carried out on the plot or within the ship recycling yard as per Gas Cylinder Rules-1981.

Signature:

(Name of the official)

(For office use only)

1. Date of receipt of application:

2. Received by:

3. Beaching permission granted on:

Annexure-V

(Para 3.15) (FORMAT FOR INFORMATION ON RADIOACTIVE MATERIAL CONTAINED IN THE SHIP, TO BE PROVIDED BY THE SHIP RECYCLER BEFORE ANCHORING)

1) Name of the Ship :

2) IMO Identification No :

3) Flag of the country:

4) Call Sign:

5) Name of the Master of the ship and his nationality:

6) Details of radioactive material contained in the ship while the ship was in service:

7. Details of radioactive material present in the ship at the time of anchoring:

8. Detail of radioactive devices

*ln case of sources contained in devices, details of the type of device, its make and model number is to be given Undertaking

I hereby certify that:-

All the statements made above are correct to the best of my knowledge and belief.

Name and signature of the Master of the Ship/ Representative of the Recycler: Designation

Annexure-VI

(para 3.15) (FORMAT FOR INFORMATION ON, DESK REVIEW DURING ON BOARD VERIFICATION OF A SHIP FOR PRESENCE OF ANY RADIOACTIVE MATERIAL)

1) Name of the Ship:

2) IMO Identification No:

3) Flag of the country:

4) Call Sign

5) Name of the Master of the Ship and his nationality:

6) Details of the permission issued for anchoring of the ship:

7) Results of verification of the information provided in Annexure V:

8) Details of any radioactive material recovered from the ship after beaching:

Name(s) and signature(s) of the:

Inspecting Team of the State Maritime Board/Port Authority:

Designation(s):

Name of the organization:

Place;

Date:

Annexure VII (para 5.11) FORM OF THE STATEMENT OF COMPLETION OF SHIP RECYCLING

STATEMENT OF COMPLETION OF SHIP RECYCLING

This document is a statement of completion of Ship Recycling for

...................................................................................................................... (Name of the ship when it was received for recycling/at the point of deregistration)

Particulars of the Ship as received for recycling

Distinctive number or letter:

Port of Registry :

Gross tonnage :

IMO number :

Name and address of shipowner :

IMO registered owner :

Identification number

IMO company identification number :

Date of Construction :

Details of hazardous waste generated and disposed:

Attach list.

Details of accidents, if any, including

details of compensation paid :

THIS CONFIRMS THAT:

The ship has been recycled in accordance with the approved as per the

Ship Breaking Code, 2013.

(Name and location of the authorized Ship Recycling Facility)

and the recycling of the ship was completed on:

(dd/mm/yyyy)

(Date of completion)

................................................................................................

(Date of issue) (Signature of the Ship Breaker or his representative, with complete address)

मुद्रण निदेशालय द्वारा, भारत सरकार मुद्रणालय, एन.आई.टी. फरीदाबाद में अपलोड एवं प्रकाशन नियंत्रक, दिल्ली द्वारा ई-प्रकाशित, 2017

UPLOADED BY DIRECTORATE OF PRINTING AT GOVERNMENT OF INDIA PRESS, N.I.T. FARIDABAD AND E-PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI, 2017

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