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REGISTERED No. D. 221

The Gazette of India

EXTRAORDINARY

PART II—Section 2

PUBLISHED BY AUTHORITY

No. 60] NEW DELHI,.THURSDAY, DECEMBER 9, 1965/AGRAHAYANA 18, 1887

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

RAJYA SABHA

The following Bill was introduced in the Rajya Sabha on the 9th December, 1965: —

BILL NO. XVII OF 1965

A Bill further to amend the Merchant Shipping Act, 1958.

BE it enacted by Parliament in the Sixteenth Year of the Republic

of  India  as  follows: —
   1.  (I)  This  Act  may  be  called  the  Merchant  Shipping  (Amend-    Short  title
ment)  Act, 1965.                                                           and.
                                                                           com-
    (2)  It  shall  come into force on such  date as the  Central  Govern- mence-
ment  may, by notification  in  the  Official  Gazette, appoint.           ment.

2. In section 3 of the Merchant Shipping Act, 1958 (hereinafter 44 of 1958.

referred to as the principal Act),—

Amend- ment of section 3.

(a) clause (1) shall be re-numbered as clause (1A) and before the clause as so re-numbered, the following clause shall be inserted, namely: —

' (1) "cargo ship" means a ship which is not a passenger ship;';

(1215)

760 G of I—I.

(b) after clause (18), the following clause shall be inserted,

namely:—|

'(18A) "International voyage" means a voyage from or to a port or place in India to or from a port or place outside India;';

(c) after clause (22), the following clause shall be inserted,

namely:—!

' (22A) "nuclear ship" means a ship provided with a

nuclear power plant;';

(d) in clause (37), for the figures and words "10th day of June, 1948", the figures and words "17th day of June, 1960" shall be substituted;

(e) for clause (38), the following clause shall be substitu-

ted, namely:—

'

' (38) "safety convention certificate" means,—

(i) a passenger ship safety certificate:, -

(ii) a qualified passenger ship safety certificate,

(Hi) a cargo ship safety construction certificate,

(iv) a qualified cargo ship safety construction cer-

tificate,

(v) a cargo ship safety equipment certificate,

(vi) a qualified cargo ship safety equipment certi-

ficate, (

(vii) a cargo ship safety radio telegraphy certificate,

(vtii) a cargo ship safety radio telephony certificate,

(ifc) an. exemption certificate^

(x) a nuclear passenger ship safety certificate,

(xi) a nuclear cargo ship safety certificate,

issued under Part IX or, as the case may be, Part IXA.';

(f) after clause (48), the following clause shall be inserted,

namely:—i

' (48A) "tanker" means a cargo ship constructed, or adap-

ted for the carriage in bulk of liquid cargoes of an inflam- mable nature;'.

3. In section 9 of the principal Act, after sub-section (7), the fol-

lowing sub-section shall be inserted, namely: —

Amend- ment of section 9.

"(1A) Without prejudice to the provisions of sub-section (1), the Central Government, in the case of cargo ships, may, by notification in the Official Gazette authorise any person or body of persons, on such terms and conditions as may be specified therein, to be surveyor or surveyors for the pur- poses of this Act.".

4. In section 241 of the principal Act, in sub-section (3),—

Amend- ment of section 241.

(a) for the words and figures "or a safety certificate granted under Part IX", the words, figures and letter "or a passenger ship safety certificate granted under Part IX or, as the case may be, a nuclear passenger ship safety certificate granted under Part IXA" shall be substituted;

(b) for the words "accept the certificate of survey or safety certificate", the words "accept the certificate of survey or the passenger ship safety certificate or, as the case may be, the nuclear passenger ship safety certificate" shall be substituted.

5. In section 242 of the principal Act, in clause (c), for the words "a safety certificate", the words "a passenger ship safety certificate or a nuclear passenger ship safety certificate" shall be substituted,

Amend- ment of section 242.

Amend- ment of section 244.

6. In section 244 of the principal Act, in the proviso, for the words "a safety certificate", the words "a passenger ship safety cer- tificate or a nuclear passenger ship safety certificate" shall be sub- stitutedj

. 7. In section 284 of the principal Act, for the words "passenger ships", wherever they occur, the words "passenger or cargo ships" shall be substituted.

Amend- ment of section 284.

8. In section 288 of the principal Act, in sub-section (2),—

(a) after clause (h), the following clause shall be inserted,

Amend- ment of section 288.

namely: —

" (hh) the training of crew in launching and using life-

rafts;";

(b) in clauses (i)

"boats or rafts" shall t

9. la section 291 of the principal Act,—

(fl) for sub-section (I), the following sub-section shall be

Amend- ment

substituted, namely: —

" (1) Every Indian passenger ship and every Indian cargo ship of three hundred tons gross tonnage or more, shall, in accordance with the rules made under section 296, be pro- vided with a radio installation and shall maintain a radio telegraph service or a radio telephone service of the pres- cribed nature and shall be provided with such certificated operators as may be prescribed.";

(b) in sub-section (2), for the words "any other ship of aixteen hundred tons gross or more shall be a radio telegraph installation; and that required to be provided for a ship of less than sixteen hundred tons gross, other than a passenger ship,", the words "any cargo ship of sixteen hundred tons gross or mor" shall be a radio telegraph installation; and that required to b" provided for a cargo ship of less than sixteen hundred toni gross" shall be substituted;

(c) after sub-section (2), the following sub-section shall be

inserted, namely: —

"(3) The Central Government may, having regard to the length of the voyage or voyages on which a ship or a class of ships is engaged and the maximum distance such ship or class of ships will be from the shore during such vbyage or voyages, exempt, by order in writing and subject to such conditions and restrictions as may be specified there- in, any ship or class of ships from compliance with all or any of the obligations imposed by or under this section, if that Government is satisfied that such compliance would b* unreasonable or unnecessary:

Provided that an exemption from the obligation to pro- vide with radio telegraph installation in respect of any passenger ship or in respect of any cargo ship of sixteen hundred tons gross tonnage or more shall be subject to the condition that she shall have on board a radio telephone Installation:

Provided further that no exemption shall be granted under this section, if it will have an adverse effect on the general efficiency of the distress service for the safety of ships.".

10. Section 292 of the principal Act shall be re-numbered as sub- section (I) of that section and after the sub-section as so re-number- ed, the following sub-section shall be inserted, namely:—

Amend-

ment of

section

292.

" (2) The Central Government may, by order in writing and subject to such conditions and restrictions as may be specified therein, exempt any ship under five thousand tons gross tonnage from the obligation imposed by sub-section (1), if that Govern- ment is satisfied, having regard to the area or areas in which the ship is engaged on a voyage or voyages and the value of radio direction finder as a navigational instrument and as an aid to locating ships, aircraft or survival craft, that such compliance would be unreasonable or unnecessary.".

11. In section 294 of the principal Act, in sub-sections (1) and (3), the words "and watchers" shall be omitted.

Amend-

ment of

lection

394.

12. In section 290 of the principal Act,—

(a) in sub-section (1), after the words "radio telephony", the words "or radio direction finders" shall be inserted;

Amend- ment of •eotion 290.

(b) In sub-section (2), after clause (a), the following claus* shall be Inserted, namely: —

"(aa) the nature of radio telegraph installation to be provided on motor life-boats and survival craft;".

Amendment

of lectio*

297.

13. In section 297 of the principal Act, for the words "signalling lamp of the type approved", the words "signalling lamp which shall net be solely dependent upon the ship's main source of electrical power and which shall be of the type approved" shall be substituted.

14. In section 298 of the principal Act,—

Amcndmwt

of Mctic*

298.

(a) in sub-section (J), for the words "about the ship's sta- bility as is necessary for the guidance of the master in loading and ballasting the ship", the words "as Is necessary to enable the master by rapid and simple processes to obtain accurate guidance as to the stability of the ship under varying condi- tions of service" shall be substituted;

(b) for sub-section (2), the following sub-sections shall be substituted, namely: —

"(2) The information shall be in such form as may be approved by the Central Government (which may approve the provision of the Information In the form of a diagram or drawing only) and shall be suitably amended whenever

any alterations are made to the ship so as to materially affect such information.

(2A) The information shall be based On the determi^ nation of the ship's stability by means of an inclining test of the ship and any amendment thereto shall be effected, if necessary, after re-inclining the ship:

Provided that the Central Government may, by a gen- eral or special order—

(a) in the case of any ship, allow the information or an amendment thereto to be based on a similar determination of the stability of a sister-ship;

(b) in the case of a ship specially designed for the carriage of liquids or ore in bulk, or of any class of such ships, dispense with such tests if it is satisfied from the information available in respect of similar ships that the ship's proportions and arrangements are such as to ensure more than sufficient stability in all probable loading conditions.";

(c) in sub-section (3), after the words "any information", the brackets and words "(including any amendment thereto)" shall be inserted;

(d) in sub-section (4), after the word "information", the brackets and words "(including any amendment thereto)" shall be inserted.

15. In section 299 of the principal Act,—

(a) in sub-section (I),—

Amend-

ment of

section

209.

(i) after the words "radio telephony installation", the words "and radio direction finder" shall be inserted;

(ii) for the words "safety certificate", the words "passenger ship safety certificate" shall be substituted;

(b) in sub-section (2), for the words "qualified safety- certificate", the words "qualified passenger ship safety certifi- cate" shall be substituted.

16. In the principal Act, after section 299, the following sections shall be Inserted, namely:—

Insertion of new sections 299A and 2MB. Safety construc- tion

"299A. (1) Where in respect of any Indian cargo ship of five hundred tons gross or more the Central Government is satisfied that the ship has heeh surveyed in the manner presr-

cnbed under section 29&B and that she complies with the con- ' struction rules made under section 284, the Central Government may issue in respect of the ship—

Certi- ficates and construc- tion certi- ficates for cargo ships.

(a) if the ship performs international voyages, a certi- ficate in the prescribed form to be called a cargo ship safety construction certificate;

(b) in other cases, a certificate in the prescribed form,

to be called a cargo ship construction certificate.

(2) Where in respect of any such ship as is referred to in sub-section (I) there is in force an exemption certificate grant- ed under section 302 of the Act and the Central Government is satisfied that the ship complies with all the requirements referred to in that sub-section other than those from which the ship is exempt under that certificate, the Central Govern- ment may issue in respect of the ship a certificate in the prescrib- ed form to be called a qualified cargo ship safety construction certificate or a qualified cargo ship construction certificate.

Power to make rules. 29&B. (1) The Central Government may, subject to tne condition of previous publication, make rules to regulate the making of surveys of cargo ships under this Part.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —

(a) the times and places at which, and the manner in which, surveys are to be made;

(b) the requirements as to construction, machinery, equipment and marking of sub-division toadrljnes which are to be fulfilled by cargo ships generally or by any class of cargo ships in particular;

(c) the duties of the surveyor making a survey;

(d) the rates according to which the fees payable in respect of surveys are to bq calculated in the case of all or any of the places or ports of survey;

(e) the closing of, and keeping closed, the, openings in ships' hulls and any water-tight bulk-heads;

(/) the securing of, and keeping in, placet and the ins- pection of, contrivances for closing any $uch openings as aforesaid;

(g) the operation of mechanisms of contrivances ior closing any such openings as aforesaid and the drills in connection with the operation thereof; and

(h) the entries to be made in the official log book or other record to be kept of any of the matters aforesaid.".

17. In section 300 of the principal Act,—

(a) in sub-section (J),—

Amend- ment of section 300.

(i) for the words "any Indian ship of five hundred tons gross or more, not being a passenger ship,", the words "any Indian cargo ship of five hundred tons gross or more," shall be substituted;

(ii) the words "and.radio telegraphy or radio telephony installation" shall be omitted;

(iii) in clause (a), for the words "safety equipment certificate", the words "cargo ship safety equipment certi- ficate" shall be substituted;

(iu) in clause (b), for the words "equipment certificate", the words "cargo ship equipment certificate" shall be substi- tuted;

(b) in sub-section (2), after the word "qualified", at both the places where it occurs, the words "cargo ship" shall be inserted.

18. In section 301 of the principal Act,—

(a) for the words "any Indian ship, not being a passenger Amend- ment of section mi.

ship,", the words "any Indian cargo ship" shall be substituted;

(b) in clause (a), before the word "safety", at both the places where it occurs, the words "cargo ship" shall be inserted;

(c) in clause (b), before the word "radio" at both the places where it occurs, the words "cargo ship" shall be inserted.

19. In section 303 of the principal Act,—

Amend- ment of section 303.

(a) in sub-section (1), for the words "safety equipment certificate, a qualified safety equipment certificate, an equipment certificate and a qualified equipment certificate"' the words "a cargo ship safety equipment certificate, a qualified cargo ship safety equipment certificate, a cargo ship equipment certificate and a qualified cargo ship equipment certificate" shall be substi- tuted;

(b) after sub-section (1), the following sub-sections shall be inserted, namely: —

"(1A) A cargo ship safety construction certificate, a qualified cargo ship safety construction certificate, a cargo

ship construction certificate and a qualified cargo ship con- struction certificate shall be in force for five years from tha date of its issue or for such shorter period as may bo specified In the certificate.

(IB) An exemption certificate issued under section 301 shall be in force for the period for which the certificate to which it relates remains In force or for such shorter period as may be specified in the exemption certificate.";

(c) in sub-section (2), for the word, brackets and figure "sub-section (1)", the words, brackets, figures and letters "sub- sections (1), (1A) or (IB)" shall be substituted;

(d) for sub-section (3), the following sub-section shall be substituted, namely: —

"(3) The Central Government or any person authorised by it in this behalf may grant an extension of any certificate issued under this Part in respect of an Indian ship—

(a) where the ship is absent from India on the date when the certificate would, but for the extension, have expired, for such period not exceeding five months from the said date as may be sufficient to enable the ship to return to the port in India at which it is to be surveyed;

(b) In any other case, for a period not exceeding one month from the said date:

Provided that any extension granted under clause (a) shall cease to be operative upon the ship's arrival at the port referred to in that clause:

Provided further that no extension shall ba granted under clause (b) in respect of a certificate extended under clause (a).".

20. In section 304 of the principal Act, in sub-section (I), for the words "a safety certificate", the words "a passenger ship safety certi- ficate" shall be substituted.

Amend- ment of •ection 304.

21. In section 306 of the principal Act,—

(a) in sub-section (I), for the word "registered", the words "registered or to be registered" shall be substituted;

Amend- ment of sectioB 90".

760 G of 1—2.

(b) in sub-section (2), for the words "in respect of an Indian ship", the words "in respect of a ship registered or to be register- ed in India" shall be substituted.

22. In section 307 of the principal Act,—

Amend- tnent of section 107.

(a) in sub-section (1), for the words "safety certificate" at both the places where they occur, the words "passenger ship safety certificate" shall be substituted;

(b) in sub-section (2),—

(i) for the words "Indian ship, of five hundred tons gross or more, not being a passenger ship,", the words "Indian cargo ship of five hundred tons gross or more" shall be sub- stituted;

(ii) for clause (b), the following clause shall be substi- tuted, namely: —

" (b) a cargo ship safety construction certificate issu- ed under section 299A, a cargo ship safety equipment certificate issued under section 300 and a cargo ship safety radio telegraphy certificate or a cargo ship safety radio telephony certificate issued under section 301, or";

(Hi) in clause (c), for the words "qualified safety equip- ment certificate", the words "qualified cargo ship safety equipment certificate" shall be substituted;

(c) after sub-section (2), the following sub-section shall be inserted, namely: —

" (2A) No sea-going Indian cargo ship, less than 500 tons gross but not less than 300 tons gross, shall proceed on a voyage from any port or place in India to any port or place outside India unless there is in force in respect of the ship a cargo ship safety radio telephony certificate issued under •ection 301.";

(d) in sub-section (3),—

(i) for the words "Indian ship of five hundred tons gross or more, not being a passenger ship,", the words "Indian cargo ship of five hundred tons gross or more'* shall b" substituted;

(ii) in clause (a), for the words "an equipment certi- ficate", the words "a cargo ship equipment certificate" shall be substituted;

(in) in clause (b), for the words "qualified equipment certificate", the words "qualified cargo ship equipment cer- tificate" shall be substituted;

(iv) in clause (c), before the word "radio", at both the places where it occurs, the words "cargo ship" shall be inserted

23. In section 308 of the principal Act,—

Amend-

ment of

section

308.

(a) in sub-section (1), for the words "every ship other than an Indian ship being a passenger ship or being a ship of five hundred tons gross or more", the words "every ship, being a passenger ship or being a cargo ship of three hundred tons gross or more" shall be substituted;

(b) in sub-section (2), the words "other than an Indian ship" shall be omitted;

(c) after sub-section (2), the following sub-section shall b" inserted, namely: —

" (3) Nothing in this section shall apply in respect of an Indian ship or a nuclear ship.",

24. In section 309 of the principal Act, after the word and flgurei "sections 299,", the figures and letter "299A," shall be inserted,

Amend-

ment at

aectioa

381

25. After section 309 of the principal Act, the following section ahajl be inserted, namely: —

Insertion

of new

section

309A.

Alterations

pending

issue of •

safftty

convention

certificate.

"309A. Where any survey of a ship for the purpose of issue under this Part of a safety convention certificate has been completed, then, notwithstanding anything contained in this Act, the owner, agent or master of the ship shall not, until such certificate has been issued, make, or cause to bo made, any alteration in the structural arrangements, machi- nery, equipment and other matters covered by the survey without the prior written permission of the Central Govern- ment or a person appointed by that Government In this behalf.",

28. In section 331 of the principal Act,—

(a) for sub-section (2), the following sub-section shall be substituted, namely: —

Amend-

ment of

section

331.

" (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for the classi- fication, packing, labelling and marking of such gooda or any

class of such goods, stowing of such goods (whether with or without other cargo) including plans for stowing, the fix- ing of the maximum quantity of any such class of goods which may be carried in different ships or classes of ships, and such other matters relating to dangerous goods as require to be provided for implementing the provisions of the Safety Convention."; (b) in the Explanation, for the words "but shall not include any fog or distress signals or like equipment required to be carried by the ship under this Act or the rules or regulations thereunder.", the following shall be substituted, namely: —

"but shall not include,—

(a) any fog ox distress signals or other stores or equipment required to be carried by the ship under this Act or the rules or regulations thereunder;

(b) particular cargoes carried in ships specially built or converted as a whole for that purpose, such as tankers.",

27. After section 331 of the principal Act, the following section shall be Inserted, namely: —

Insertion

of n"w

section

&31A.

Grftin-

lotdinf

plan.

"331 A. (1) No grain shall be loaded on board any Indian ship anywhere unless there is in force in respect of such ship a grain-loading plan approved under sub-section (3) or sub-sec- tion (4).

(2) The grain-loading plan shall be in such form and contain such particulars as to the stability of the ship, circumstances of loading on departure and arrival, the main characteristics of the fittings used to prevent the shifting of cargo and such other mat- ters as may be prescribed, having regard to the rules made under sub-section (5) of section 332,

(3) Save as otherwise provided under sub-section (5), the grain-loading plan shall be submitted to the Central Govern- ment for approval and that Government may, having regard to the rules made under sub-section (5) of section 332, the stability of the ship and the circumstances of loading on departure and arrival, approve the plan with such modifications, if any, as it may deem necessary.

(4) The Central Government may request the Government of a country to which the Safety Convention applies to approve the grain-loading plan of an Indian ship and an approval given in pursuance of such a request and containing a statement that it has been so given shall have effect for the purposes of this section as if the approval had been giv"n hj the Central Government,

(5) The Central Government may, at the request of the Government of a country to which the Safety Convention applies, approve the grain-loading plan of a slr'p registered in that coun- try if the Central Government is satisfied, in the like manner as in the case of an Indian ship, that such approval can proper- ly be given and where approval is given at such a request, it shall contain a statement that it has been so given.

(6) Tt is hereby declared that for the purpose of section 208 (which requires documents relating to navigation to be delivered by the master of a ship to h's successor) the plan shall be deem- ed to be a document relating to the navigation of the ship.".

28. In section 332 of the principal Act,—

(a) after sub-section (2), the following sub-section shall

Amend- ment at section 332.

be inserted, namely: —

" {2A) Where grain is loaded on board an Indian ship in accordance with a grain-loading plan approved under section 331A or where grain is loaded on board any other ship In accordance with a grain-loading plan approved bv or on be- half of the Government of the country in which that ship Is registered, the ship shall be deemed, for the purposes of sub- sections (1) and (2), to have been loaded with all necessary and reasonable precautions.";

(b) in sub-section (3),—

(i) in clause (a), the word "and" where it occurs last, shall be omitted;

(ii) for clause (b), the following clauses shall be sub- stituted, namely: —

" (b) the kind of grain carried and quantity thereof stated in cubic feet, quarters, bushels or tons weight;

and

(c) the mode in which the grain is stowed and the precautions taken to prevent the grain from shifting and where the grain has been stowed in accordance with the ship's grain-loading plan, if any, that it has been so stowed.";

(c) for subjection (4), the following sub-section shall be substituted, namely:—1

"(4) Any person authorised In this behalf, by general or special order of the Central Government may, for secur- ing the observance of the provisions of this section, go on

board a ship carrying a cargo of grain and require the pro- duction of the grain-loading plan of the ship and inspect the mode in which the cargo is stowed in the ship.";

(d) in sub-section (5), for the words "make rules in rela- tion to the loading of ships", the words "make rules in relation to grain-loading plans and the loading of ships" shall be sub- stituted;

(c) in sub-section (6"), for the words "this section", the words, figures and letter "section 331A and this section" shall be substituted.

Amend- ment erf section 843.

29. In section 343 of the principal Act, in sub-section (I), for tho words "any ship of less than five hundred tons gross other than a passenger ship", the words "any cargo ship of less than three hund- red tons gross" shall be substituted.

39. After Part IX of the principal Act, the following Part shall be inserted, namely:—|

Insertion of new Part IXA.

"PART IXA

NUCLEAH SHIPS

344A. (1) This Part applies only to nuclear ships.

Applica- tion of Ac* to nuclear ships.

(2) Notwithstanding anything contained in this Act, a nuc- lear ship shall not be required to obtain or produce any certifi- cate referred to in sub-clauses (i) to (ix) of clause 38 of section 3 or, as the case may be, any like valid safety convention certificate.

(3) The Central Government may, by notification in tha Official Gazette, direct that any of the provisions of this Act (other than the provisions of this Part and the provisions of section 456) specified in the notification—

(a) shall not apply to nuclear ships; or

;

(b) shall apply to nuclear ships, only with such ex- ceptions, modifications and adaptations as may be specified in the notification. (4) A copy of every notification proposed to be issued under sub-section (3) shall be laid in draft before both Houses of Par- liament for a period of not less than thirty days while they "xt

in session and it shall not be issued until it has been approved, whether with or without modification, by each House of Parlia- ment,

344B. (I) If in respect of any Indian nuclear passenger or cargo ship the Central Government is satisfied that the ship has been surveyed in accordance with this Act and has been ins- pected by a person appointed in this behalf by the Central Government and has complied with such special requirements, if any, as that person has, after such inspection, specified, the Cen- tral Government may issue—

Nuclear passenger ship safety certificates and nuclear cargo ship safety certificate*

(a) in the case of a passenger ship, a nuclear passenger

ship safety certificate;

(b) in the case of a cargo ship, a nuclear cargo ship

safety certificate.

(2) A certificate issued under sub-section (2) shall be in force for a period of twelve months from the date of issue or for such shorter period as may be specified in the certificate.

344C. (7) No Indian nuclear ship shall proceed on a voyage from any port or place in India to any port or place outside India unless there is in force in respect of the ship—

(a) a nuclear passenger ship safety certificate, if she is

Prohibi- tion of proceeding to sea without certificates.

a passenger ship;

(b) a nuclear cargo ship safety certificate, if she ia a

cargo ship.

(2) The master of a ship to which this section applies shall produce to the customs collector from whom a port clearance for the ship is demanded the certificate required by sub-section (1) when the ship proceeds to sea and the port clearance shall not be granted and the ship may be detained until the said certificate i" so produced.

344D. (1) Every Indian nuclear ship shall have on board a safety assessment and an operating manual in such form and containing such particulars and approved by such authority as may be prescribed.

Safety assessment and operatinf manual.

(2) The safety assessment and the operating manual shall be prepared, maintained and kept up-to-date in such manner as may be prescribed.

foreign nuclear ships to give advance notice of arrival.

344E. (i) No nuclear ship, other than an Indian ship, shall enter tne territorial waters oi India unless the master, owner or agent thereof has given such advance notice oi the ship's intended arrival in India as may be prescribed, to such authority as may be specified by the Central Government, and has forwarded along with the notice a true copy of the ship's safety assessment to that authority,

(2) If on the examination and evaluation of the ship's safety assessment the authority referred to in sub-section (1) is of opinion that the entry of the ship will involve unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may direct the nuclear ship not to enter the territorial waters of India and the ship shall comply with such direction.

Control on arrival of nuclear ships.

344F. (1) The master of every nuclear ship shall, on arrival at a port in India, give notice of the ship's arrival in the prescribed form to such authority as the Central Government may specify in this behalf.

(2) Any person authorised in this behalf (hereinafter re- ferred to as the authorised person), by general or special order of the Central Government, may go on board such ship for tne purpose of verifying that she has on board a valid nucluar passen- ger ship safety certificate or, as the case may be, nuclear cargo ship saiety certificate and for the purpose of satisfying himself after examining the safety assessment and operating manual and such other things as he deems fit that there are no unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources.

(3) If the authorised person is satisfied after such examina- tion that there are no unreasonable radiation or other hazards to the crew, passengers, members of the public, waterways, food or water resources, he may issue a certificate to that effect.

Notice of accidents to nuclear ahips.

344G. (1) Where an Indian nuclear ship meets with an acci- dent and such accident is likely to lead to environmental hazards, the master of the ship shall forthwith give notice of the acci- dent—

(a) to such officer or authority as may be specified in this behalf by the Central Government; and

(b) if the ship is in or intends to enter the territorial waters of a foreign State, also to the appropriate Govern- mental authority of the State.

(2) Where a nuclear ship other than an Indian ship meets with an accident of the nature specified in sub-section (7) while she is in the territorial waters of, or at a port in, India, the master of the ship shall forthwith give notice of the accident to the offi- cer or authority specified under clause (a) of sub-section (7),

(3) On receipt of a notice under sub-section (7) or sub- section (2), the officer or authority specified under clause (a) of sub-section (7) shall issue such directions as he thinks necessary and expedient in the circumstances of the case and in- vestigate into the causes of the accident in such manner as may be prescribed.

(4) A copy of the directions issued under sub-section (,3) and a report of the findings of the investigation shall be sent to the Central Government within such time as may be prescribed.

(5) Where a nuclear ship other than an Indian ship meets with an accident of the nature specified in sub-section (1) at any port or place outside India and intends to enter the territorial waters of India in a damaged condition, the master of such ship shall give notice of the nature of the accident and the condition of the ship in such form as may be prescribed to the officer or authority specified under clause (a) of sub-section (I) and shall comply with such directions as that officer or authority may give.

(6) The provisions of this section are in addition to and not in derogation of the provisions of Part XII of this Act.

344H. (7) The provisions of sections 228 to 231 (inclusive) shall, so far as may be, apply to and in relation to every certifi- cate issued by the Central Government under section 344B in the same manner as they apply to and in relation to a certificate of survey.

Applica- tion of certain sections to or in rela- tion to certain certi- ficates under sec- tion 344B.

(2) The provisions of section 309A shall apply to and in re- lation to a nuclear ship surveyed for the purpose of issue of a certificate under section 344B as they apply to and in relation to a ship surveyed for the purpose of issue of a safety convention certificate under Part IX.

Power to make rules.

3441. (1) The Central Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Part.

760 G of 1—3.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely: —

(a) the design, construction and standards of inspection and assembly of the reactor installations of nuclear ships;

(b) the standards of safety of nuclear ships;

(c) the manner of survey of nuclear ships;

(d) the forms in which certificates under this Part may be issued;

(e) the form and manner in which the safety assess- ment and operating manual of a nuclear ship are to be pre- pared, maintained and kept up-to-date and the particulars to be contained therein;

(f) tho form of notices under this Pnrt and the time when such notices ^hnuld bo given;

(g) the manner in which investigations may be made into causes of accidents to a nuclear ship;

(h) the special precautions to be taken against unrea- sonable radiation or oiher nuclear hazards to thp crew, passengers and other persons, to waterways and to food and water resources;

(i) the manner in which radio-active waste from nuclear ships is to bp showed and disposed of;

(j) the manner In which the reactor fuelling, defuelling and refuelling and maintenance of nuclear ships are to be carried out;

(k) the special training for and qualifications of, masters and seamen of nuclear ships;

(I) the special requirements relating to approach, entry into, stav in or departure from, an Indian port of a nuclear ship;

(m) the procedure tn bp followed for determining the operational condition of a nuclear ^hip;

(n) the protection and closure of the reactor installation of nuclear ships in tho r-isp of a collision, grounding, fire, leakape of radin-di'tiw material or other accident;

(o) the fees to be charged for any inspection survey or

certificate under this Part;

(p) any other matter which has to be or may be pres-

cribed.".

Amend- ment of section 354.

31. In section 354 of the principal Act, after the words "direct danger to navigation", the vvord.3 "or on encountering sub-£reezing air temperatures associated wiLh gAc-ioxCe winds, causing severe ice accretions on supcr-struc lures or btrong gales for which no storm warning has been received by him" shall be inserted.

32. After section 354 of the principal Act, the .following section

shall be inserted, namely: —

Insertion of new section 354A.

"354A. (1) Where an authority prescribed under section 354 receives intelligence frcni any source of any danger to navigation mentioned in that section, that authority shall, as soon as possi- ble, communicato such intelligence to such ships and authorities as he may deem proper.

Communi- cation of intelli- gence regarding dangers to naviga- tion.

(2) The intelligence shall be communicated in such manner

and subject to such terms and conditions ns may be prescribed:

Provided that no fees shall be levied for communicating

any intelligence under this section to a ship.'¹.

33. After section 355 of the principal Act, the following section

shall be inserted, namely: —

Insertion of new section 355A.

"355A. (1) The master of every Indian ship shall render assistance to every person found at sea in danger of being lost, unless he is unable or, in the special circumstances of the case, considers that such assi.^irwe cannot be rendered without serious danger to his ship, or the persons thereon.

Obligation to render assistance to per- sons in danger.

(2) If tlm master of an Indian ship is unable or considers It unreasonable to go to the assistance of a person found at sea In danger of being lost, the master shall forthwith cause a state- ment to be entered in the official log book or, if there is no official log book, cause other record to be kept of his reasons for not going to the assistance of that person.".

34. In section 356 of the principal Act,—

(a) after clause (a), the following clause shall be inserted,

namely: —

Amend- ment of section 358.

" (aa) the manner of communicating intelligence regard- ing dangers to navigation, the terms and conditions subject to which such intelligence may be communicated and the fees which may be levied for the communication of intelli- gence;";

(6) in clause (b), for the words "signals of distress and of urgency", the words "signals of distress, urgency and of safety" shall be substituted;

(c) in clause (d), for the words "radio telegraphy", the

words "radio telegraphy or telephony" shall be substituted.

35. In section 436 of the principal Act, in sub-section (2), in the

table,—

(a) in item 97 —

Amend- ment of section 436.

(i) in the second column, the words, brackets and figure

"sub-section (1) of" shall be omitted;

(ii) in the third column, the brackets and figure "CO"

shall be omitted;

(b) after item 98 the following item shall be inserted,

namely:—|

Offences

Penalties

Serial No.

Section of this Act to which ofTcnc'ehas reference

309A

Hue which may extend to If the owner, agent or master '^ fails to comply with section

five hundred mrees.", 309A.

(c) after item 105, the following item shall be inserted,

namely: —

Offences,

Penalties

Serial No.

Section of this Act to which of- fence has reference

"IOJA

Fine which may extend to one

331A

thousand rupees.";

If the owner, agem or master fails to comply with sub- section (i) ofseclicn 331A.

(d) after item 108, the following items shall be inserted,

namely: —

Penalties

Offences

Serial No.

Section 01 this Act to which offence has¹ reference

"108A

344^

The master or owner shall be Jlmble to fine which m"y extend to ten thousand rupees. £

If an Indian nuclear ship pro- ceeds or attempt 1 to proceed to sea in contravention of sub-section (1) of section 344C-

108B If4 an Indian nuclear ship fails to comply with sub- section (1) of" section 344D.

The master or owner or agent shall be liable to imprison- ment which may extend to six months or fine which may extend to ten thousand rupees or both.

108C

U4 K'

The master shall be liable to fine which may extend to ten thousand rupees.

If a nuclear ship other than an Indian ship enters the terri- torial waters of India in contravention of section J44E. •'

%tr

Fine which may extend to ten 10SD

344 F

thousand rupees.

If the master of a nuclear ship fails to give the notice re- quired by sub-section (1) of icctlon 344F.

To8fi

344O O)i

(2) and (s)

Imprisonment which may extend to one year or fine which muy extend to ten Lhousund rupeei or both;

(a)JH the master of a nuclear ship fails to give the notice required by sub-section (1) or sub-section (a) or sub- section (5) of section 344G;

344G (?)

and (j)

Imprisonment which may extend t 0 ne year or fine which may extend to ten thousand rupees or both.";

(b) if the master of a nuclear ship fails to comply with any directions issued under sub-section (j) or sub-sec- tion (j)]pf section 344G.

(c) after item 115, the following item shall be inserted,

namely: —

Offences

Penalties

Strial No.

Section of this Act to which oflence has reference

If a master fails to comply with

"115A

355A

section 355A.

Imprisonment which may ex- tend to six montha or fine which may extend to one thousar, 1 rupees or both.".

36. After section 454 of the principal Act, the following section shall be inserted, namely: —

Insertion of new section 454A.

Power to prescribe alternative fittings, etc.

"454A. Where this Act requires that a particular fitting, material, appliance or apparatus or any type thereof shall be fitted or provided for in a ship or that any particular provision shall be made in a ship, the Central Government after satisfy- ing itself by trials or otherwise that any other fitting, material, appliance or apparatus or type thereof or provision is as effective as that so required, may permit, by general or special order, such other fitting, material, appliance or apparatus or type there- of or provision to be used or provided.".

37. In section 456 of the principal Act, to sub-section (1), the

following proviso shall be added, namely: —

Amend- ment of section 456.

"Provided that no exemption which is prohibited by the

Safety Convention shall be granted under this sub-section.".

38. In section 458 of the principal Act,—

Amend- ment of section 458.

(a) in sub-section (2), in clause (ft), for the word and figures "section 331", the words, figures and letter "section 331 or section 3441" shall be substituted;

(b) for sub-section (3), the following sub-section shall be

substituted, namely:—-,

" (3) Every rule or regulation made under this Act shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it Is so laid or the session immediately following, both Houses agree in making any modification in the rule or the regulation, or both Houses agree that the rule or regu- lation should not be made, the rule or regulation shall, thereafter, have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation.".

39. In Part XVII of the principal Act, after section 460, the fol-

lowing section shall be inserted, namely: —

Insertion of new section 460A.

Removal of difficulties.

"460A. If any difficulty arises~in~giving effect to the provi- sions of this Act, in so far as they relate to the Safety Conven- tion, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the purposes of this Act, as appear to it to be necessary or expedient for removing the difficulty.".

STATEMENT OF OBJECTS AND REASONS

The minimum standards laid down in the Merchant Shipping A^t, 1958 which merchant ships should comply with in the interests of safety of life and property at sea are based on the International Convention for the Safety of Life at Sea, 1948. The Fourth Inter- national Conference on Safety of Life at Sea which met in London in May-June, 1960 under the aegis of the Inter-Governmental Maritime Consultative Organisation, one of the specialised agen- cies of the United Nationa, reviewed the 1948 Convention in the light of the experience of various countries during the intervening twelve years and decided to replace it by a new Convention, namely, the International Convention for the Safety of Life at Sea. 1960. The new Convention was adopted on the 17th June, 1960 and was, subject to acceptance, signed, among others, by the representatives of the Government of India. As a prelude to depo- siting our acceptance of the 1960 Convention, it is necessary to amend the Merchant Shipping Act. 1958 suitably- As the Merchant Shipping Act already embodies the requirements of the 1948 Con- vention, it is necessary to amend that Act only to the extent that the 1960 Convention has deviated from the 1948 Convention.

2. Some of the more important requirements of the 1960 Con- vention which involve deviation from the provisions of the 1948 Convention and which therefore call for amendment of the Merchant Shipping Act, 1958 are summarised below: —

(1) Survey of cargo ships and issue of safety certificates to cargo ships.—Under the 1960 Convention, the scope of survey of cargo ships has been extended to cover the survey of hull, machinery and other equipment of cargo ships. Further, all cargo ships of over 500 tons gross will be required to carry in addition to the existing certificates a safety construction certi- ficate issued by or under the authority of a contracting Govern- ment. It is, therefore, necessary to make suitable provisions in the Act for survey of cargo ships and for the issue of safety construction certificates to cargo ships.

(2) Stability data,—In contrast to the 1948 Convention, the 1960 Convention requires that every ship must carry on board sufficient data to enable the master, by rapid and simple pro- cesses, to obtain accurate guidance as to the stability of a ship under varying conditions of service.

(3) Life-saving appliances.—The most important devia- tion made by the 1960 Convention in regard to lift-saving appliances relates to the removal of the restriction imposed by the 1948 Convention on the use of inflatable and other rafts which depend on air for their buoyancy. Inflatable life-rafts as well as rigid life-rafts ay an alternative are now acceptable, provided these comply with certain conditions.

(4) Radio installation-—Under the 1948 Convention, cargo ships below 500 tons gross were not required to be fitted with radio installations but under the 1960 Convention even cargo ships of less than 500 but not less than 300 tons gross are re- quired to be fitted with .such installations.

(5) Carriage of grain cargo.—The 1960 Convention contains a number of new requirements relating to the carriage of grain in ships. Emphasis is laid on the need for giving trimming and on the fundamental importance of preserving the stability of the ship. Duly approved grain-loading plans are required to be carried on board by ships carrying grain and such plans are required to be accepted by the other contracting Govern- ments as evidence of compliance with the requirements of the Convention,

(6) Carriage of dangerous goods.—The 1960 Convention con- • tains a number of new regulations relating to the classification, Packing, labelling, documentation and stowage of dangerous goods on board ships.

(7) Nuclear ships.—The 1948 Convention does not contain any special provisions relating to nuclear ships- Having regard to the new problems in the field of safety owing to the advent of nuclear power as one of the means of propulsion for merch- ant ships, and having regard to the hazards inherent in the nuclear ships, it is necessary to have special provisions relating to nuclear ships. The I960 Convention contains a special Chapter for this purpose. A number of requirements are provided for in this Chapter for the purpose of ensuring that nuclear ships do not become a source of danger to life, not only at sea but also at ports and other places and that such ships do not become a source of contamination of food and water resources.

(8) The Notes on clauses explain the other deviations

made by the I960 Convention.

3. The Bill seeks to give effect to the various deviations made by the 1960 Convention and men-tioned above by making suitable amendments in the Act.

NEW DELHI; RAJ BAHADUR.

The 2nd December, 1965.

760 G of 1—4.

Notes on clauses

Clause 2.—The definitions of 'cargo ship', 'international voyage', nuclear ship' and 'tanker' are based upon the definitions oi those expressions in the 1960 Convention. The definition of 'safety con- vention' contained in clause (38) of section 3 of the Act is being amended to mean the Safety Convention of 1960. The definition of 'safety convention certificate' in clause (38) of section 3 of the Act is being amended to include the various certificates required under the Safety Convention of 1960.

Clause 3.—Section 9 of the Act provides for appointment of sur- veyors of ships by the Central Government. The 1960 Convention permits the contracting Governments to entrust the survey of ships to non-governmental persons or agencies. It has been decided that for the present, such power should be taken in respect of cargo ships only. Section 9 is being amended for this limited purpose.

Clauses 4, 5 and 6.—The changes in sections 241, 242 and 244 are of a consequential nature and are intended to make it clear that for the purposes of the said sections, a nuclear passenger ship safety certificate would, in the case of nuclear ships, have the same effect as a passenger ship safety certificate would have, in the case of non- nuclear passenger ships.

Clause 7.—The 1960 Safety Convention provides inter alia for the issue of safety construction certificates to cargo ships and contains several provisions as to construction rules, applicable in the case of cargo ships. Section 284 which deals with construction rules in the case of passenger ships is being amended to provide that the Central Government may make construction rules in relation to cargo ships also.

Clause 8.—The 1960 Convention permits the use of inflatable and other life-rafts. Accordingly, section 288 which deals with the power of the Central Government to make rules as to life-saving appliances is being amended to include within the purview of that section matten relating to life-rafts and the training of crew in launching and using life-rafts.

Clause 9.—(i) Sub-clause (a).—Unlike the 1948 Convention, the 1960 Convention requires even cargo ships of less than 500 tons gross

but not leas than 300 tons gross to be fitted with radio installation. Sub-clause (a) gives effect to this.

(ii) Sub-clause (b).—The amendment is of a consequential nature.

(iii) Sub-clause (c).—In the case of ships of 1600 tons gross or more, the 1960 Convention provides that every exemption from the obligation to provide with a radio telegraphy installation should be subject to the condition that the ship shall have on board a radio telephony installation. Further, the Convention prohibits exemptions from the requirements as to radio installation, radio telegraphy ser- vice and radio telephony service in cases where such exemption will have an adverse effect on the general efficiency of the distress service for the safety of ships. Sub-clause (c) seeks to give effect to these requirements.

Clause 10.—The 1960 Safety Convention, like the 1948 Convention requires that every ship of 1600 tons gross or more shall be provided with a radio direction finder. Further, the 1960 Convention provides for exemption being granted from this requirement in the case of ships under 5000 tons gross in certain specified cases. Proposed sub- section (2) of section 292 gives effect to the relevant provisions of the 1960 Convention as to such exemptions.

Clause 11.—This clause seeks to remove a requirement as to radio watch, which is no longer required.

Clause 12.—The amendment to sub-section (1) of section 296 of the Act is of a consequential nature. The amendment to sub-section (2) of that section empowers the Central Government to make rules as to the radio telegraphy installations on motor life-boats and sur- vival craft and is for the purpose of implementation of the various new provisions in the I960 Safety Convention relating to the subject.

Clause 13.—This clause seeks to amend section 297 of the Act to give effect to the new requirement in the 1960 Convention that the signalling lamp of ships of the type referred to in the section shall not be solely dependent upon the ship's main source of electrical power.

Clause. 14.—The 1960 Safety Convention requires that every ship must carry on board sufficient data to enable the master, by rapid and simple processes, to obtain accurate guidance as to the stability of his ship under varying conditions of service. The Convention also requires that any change in the data should be duly communicated to the appropriate authorities of the country in which the ship is registered. The amendments to section 298 are for giving effect to these requirements.

Clause 15.—The amendments to section 299 are of a consequential nature.

Clause 16.—This clause seeks to insert two new sections, section 299A and section 299B. Both these sections relate to cargo ships and provide respectively for the issue of safety convention certificates to cargo ships as required under the 1960 Safety Convention and for the making of rules as to survey of cargo ships for the purpose of issue of such certificates.

Clauses 17 and 18.—The amendments to sections 300 and 301 are of a consequential nature.

Clause 19.—Section 303 provides for the duration of various safety convention certificates. The 1960 Safety Convention gives power to the contracting Governments to fix the period for which cargo ship safety construction certificates shall be valid. A period of five years has been considered reasonable and administratively convenient for this purpose. Proposed sub-section (1A) which sub-clause (b) of this clause seeks to insert in section 303 gives effect to this.

The other changes which clause 19 seeks to make in section 303 of the Act are for the purpose of giving effect to the provisions of the 1960 Safety Convention as to the duration of various safety convention certificates.

nature.

Clause 20.—The amendment to section 304 is of a consequential '

;

Clause 21.—Section 306 of the Act provides for the issue in India of safety convention certificates to ships registered in foreign countries, and also for the issue in foreign countries of such certi- ficates to ships registered in India. The 1960 Safety Convention provides for extension of similar facilities even to ships which are yet to be registered¹. The section is being amended to give effect to this.

Clause 22.—The 1960 Convention requires that even cargo ships of less than 500 tons gross but not less than 300 tons gross should have a radio telephony certificate. For this purpose, clause (c) of this clause seeks to insert a new sub-section (2A) in section 307 of the Act. The other amendments to section 307 are of a consequential nature.

Clauses 23 and 24.—The amendments to sections 308 and 309 are of a consequential nature.

Clause 25.—Except in cases where the prior permission of the appropriate authorities has been obtained, the 1960 Convention prohibits the making of any alterations during the interval between the completion of a survey of the ship for the issue of a certificate and the actual issue of such certificate. New section 309A seeks to give effect to this requirement.

Clause 26.—Sub-clause (a).—The 1960 Safety Convention contains a number of new regulations relating to the classification, packing, labelling, documentation and stowage of dangerous goods on board ships. Sub-section (2) of section 331 of the Act which provides for the various matters relating to dangerous goods, with regard to which the Central Government may make rules, is being amended to include the matters to which these new regulations pertain.

Sub-clause (b).—The definition of the expression 'dangerous goods' contained in the Explanation to section 331 is also being amended to exclude from its purview particular cargoes carried in ships, such as tankers, specially built or converted as a whole, for the purpose and thereby to bring it into conformity with the defini- tion contained in the 1960 Safety Convention.

Clause 27.—The I960 Convention requires the masters of grain ships to carry properly approved grain-loading plans. Proposed section 331A which clause 27 seeks to insert in the principal Act accordingly provides that no grain shall be loaded on board any Indian ship anywhere unless there is in force in respect of such ship a duly approved grain-loadmg plan. The section also makes pro- visions for approval of grain-loading plans and matters incidental thereto.

Clause 28—The 1960 Convention stipulates that a grain-loading plan approved by a contracting Government shall be accepted ns sufficient evidence that a particular ship when loaded in accordance with such plan meets the requirements of the Convention. Sub- clause (a) seeks to give effect to this.

The amendments proposed in sub-clauses (b), (c), (d) and (e) are mainly of a consequential nature.

Clause 29.—The amendment is of a consequential nature.

Clause 30.—The 1960 Convention contains a special Chapter on nuclear ships. A number of requirements have been incorporated in this Chapter for the purpose of ensuring that nuclear ships do not become a source of danger to life, not only at sea but also at ports

and other places and that ships do not become a source of contamina- tion of food and water resources. This clause introduces a new Part IXA in the principal Act to give effect to the various requirements of the Convention as to nuclear ships.

New Section 344A.—This section deals with application of the provisions of the Act in relation to nuclear ships- Nuclear power as a means of propulsion for merchant ships presents unique pro- blems, In the present state of development of nuclear science, it is not oven possible to visualise all these problems. It will not, there- fore, be advisable to apply the provisions of the Act which have been formulated with reference to the ordinary ships to nuclear ships in their entirety. Accordingly, provision is made empowering the Central Government to apply certain provisions of the Act with such exceptions, modifications and adaptations as may be specified m the notification.

Sub-section (4) of the section embodies the safeguard normally provided for in cases of delegation of such powers and it lays down that such notification shall be laid in draft before both Houses of Parliament for a period of not less than 30 days while they are in session and shall not be issued until it has been approved, whether with or without modifications, by each House of Parliament.

Netv Section 344B.—This provides for the issue of nuclear passenger ship safety certificates and nuclear cargo ship safety certi- ficates and the periods of validity of such certificates.

New Section 344C.—This is self-explanatory and is intended to ensure that Indian nuclear ships do not proceed on international voyages without the requisite safety certificates required by the I960 Convention.

New Section 344D.—In compliance with the I960 Convention, this section requires every Indian nuclear ship to have on bosird a safety assessment and operating manual and makes provision for matters incidental thereto.

New Section 344E.—This requires foreign nuclear ships to give advance notice of their arrival in Indian territorial waters and pro- vides for necessary control to ensure that there are no hazards involved in permitting the ship to enter Indian waters.

New Section 344F.—This is self-explanatory and it inter alia provides for control on the arrival of a nuclear ship at a port in India.

New Section 344G.—This section provides for notice of any accident anywhere to an Indian nuclear ship and of accidents to foreign nuclear ships in the territorial waters of India, to be given

to the authorities mentioned in the section. It also provides for the action to be taken on receipt of guch notice and for other matteri incidental thereto.

New Section 344ff.—Sections 228 to 231 of the principal Act deal with certificates of survey and provide for certain necessary matters in relation to certificates, such as cancellation or suspension of certi- ficates, alterations in ships subsequent to grant of certificates, delivery of expired or cancelled certificates, affixing of certificates in conspicuous places. This section seeks to make those provisions applicable in the case of certificates issued under Part IXA on practically the same lines as section 309 of the principal Act makes those provisions apply in relation to certain certificates issued under Part IX of the Act.

New Section 3441.—This section seeks to confer on the Central Government powers to frame rules to carry out the purposes of Part IXA.

Clause 31.—The amendment is intended to provide expressly for certain additional dangers to navigation which a master of an Indian ship is required to report under the section.

Clause 32.—This clause seeks to insert a new section 354A to provide, as required by the Safety Convention, 1960, for communica- tion, of intelligence regarding dangers to navigation.

Clause 33.—This clause seeks to insert a new section 355A for the purpose of imposing an obligation on masters of Indian ships to render assistance to persons found at sea in danger of being lost and is modelled to some extent on the provisions of section 355 of the Act.

Clause 34,—The amendments are of a consequential nature.

Clause 35.—This clause seeks to amend section 436 of the prin- cipal Act to provide for penalties for contravention of the various new provisions.

Clause 36,—This clause which is self-explanatory seeks to insert a new section 454A for the purpose of incorporating in the Act an enabling provision permitted by the Convention and empowers the Central Government in this regard.

Clause 37.—By way of abundant caution, this clause seeks to add a proviso to sub-section (1) of section 456 of the principal Act to ensure that no exemption which is prohibited by the Safety Convention is granted under the sub-section.

Clause 38.—The amendment to sub-section (2). of seetion 458 of the principal Act is of a consequential iiatur£:

Sub-clause (b) of this clause provides for the usual provision re- lating to laying of rules.

Clause 39.—This seeks to insert a new section 468 providing for removal of difficulties in giving effect to the provisions of the Act in .so far as they relate to the Safety Convention.

FINANCIAL MEMORANDUM

New section 354A which clause 32 seeks to insert in the principal Act provides, as required by the Safety Convention of 1960, that intelligence regarding dangers to navigation mentioned in section 354 of the principal Act should be communicated to certain ships free of charge. The need for communicating such messages being of a highly contingent nature, it is not possible to estimate the ex- penditure likely to be involved as a result of the provision.

760 G of 1—3.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Several provisions in the 1960 Convention which are sought to be implemented by the present Bill pertain to matters of detail and such matters are best left to be regulated by rules as has been done earlier in the principal Act in connection with the implementation of the 1948 Convention.

Clause 7 seeks to amend section 284 of the principal Act to en- able the Central Government to make rules in regard to the con- struction requirements for cargo ships.

Clause 8 seeks to amend section 288 of the principal Act to en- able Central Government to make rules in regard to (a) training of crews in launching and using life-rafts (b) provisions to be made for mustering the persons on board a ship and for embarking them in life-rafts and (c) the provision of suitable means situated outside the engine room whereby any discharge of water into life-rafts can be prevented

Clause 12 seeks to insert a new clause in section 296 of the principal Act to confer power on the Central Government to make rules in respect of radio installations on motor life-boats and sur- vival craft.

Clause 16 seeks to insert a new section (modelled on section 236 of the Act which deals with powers to make rules as to surveys of passenger ships)—section 299B—in the principal Act for empower- ing the Central Government to make rules to regulate the making of surveys of cargo ships.

Clause 26 seeks to amend section 331 of the principal Act to enable the Central Government to make rules with regard to addi- tional requirements relating to carriage of dangerous goods laid down by the 1960 Convention.

Clause 28 seeks to add to the rule-making power of the Central Government under sub-section (5) of section 332 of the principal Act so as to bring within its purview matters relating to grain- loading plans.

Clause 30 seeks to insert in the principal Act new Part IXA relating to nuclear ships. Proposed section 3441 of this Part seeks to confer on the Central Government powers to frame rules to carry out the purposes of the Part.

Clause 34 seeks to amend section 356 of the principal Act to enable Central Government to make rules with regard to the addi- tional requirements under the 1960 Convention as to communica- tion of information regarding dangers to navigation.

2. New section 344A which clause 30 seeks to insert in the principal Act relates to the application of the provisions of the principal Act to nuclear ships. Sub-section (3) of the section seeks to confer power on the Central Government to direct by notifica- tion in the Official Gazette that the provisions of the Act enumerat- ed therein shall not apply to nuclear ships or shall apply to nu- clear ships only with such exceptions, modifications and adapta- tions as may be specified in the notification. Such a provision is necessary as the provisions of the Act which have been designed more with a view to ordinary ships may not be capable of being directly applied to nuclear ships. Further, in view of the present state of nuclear science and the possible developments in future, it would be necessary to take such power so that the provisions of the Act are suitably modified in consonance with new developments in the field. The safeguard normally provided for in cases of dele- gation of such powers is embodied in sub-section (4) which pro- vides inter alia that the notification proposed to be issued under sub-section (3) shall be laid in draft before both Houses of Parlia- ment for a period of not less than 30 days while they are in session and shall not be issued until it has been approved, whether with or without modifications, by each House of Parliament.

3. The matters mentioned in paragraph 2 pertain essentially to matters of procedure and detail. The delegation of power referred to in paragraph 3 is necessary for the special reasons mentioned in that paragraph. The delegation of legislative power is, there- fore, of a normal character.

B. N. BANERJEE,

Secretary.

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