REGISTERED NO. D. Ml

The Gazette of India

EXTRAORDINARY

PART II—Section I

PUBLISHED BY AUTHORITY

No.

20]

NEW DELHI, MONDAY, JUNE 6, 1966/JYAISTHA 16, 1888

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF LAW

(Legislative Department)

New Delhi, the 6th June, 1966/Jyaistha 16, 1888 (Saka)

THE MERCHANT SHIPPING (AMENDMENT)

ORDINANCE, 1966

No. 3 OF 1966

Promulgated by the President in the Seventeenth Year of the

Republic of India

An Ordinance further to amend the Merchant Shipping Act.

1958.

WHEREAS a Bill further to amend the Merchant Shipping Act,

1958, for the purpose of implementing the provisions of the Interna-

tional Convention for the Safety of Life at Sea signed in London on

the 17th day of June, 1960, has been passed by the Council of States

and is pending in the House of the People;

AND WHEREAS Parliament is not in session and the President is

satisfied that circumstances exist which Tender it necessary for him

to take immediate action to give effect to the provisions of the Bill;

187

217 G of I—1.

188

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[PART II

Now, THEREFORE,, in exercisfe of the powers conferred by clause (1)

of article 123 of the Constitution, the President is pleased to promul-

gate the following Ordinance: —

Short title

and

com-

mence-

ment.

1. (1) This Ordinance may be called the Merchant Shipping

(Amendment) Ordinance, 1966.

(2) It shall be deemed to have come into force on the 28th day of

May, 1966.

Act 44 of

1958 to be

tempora-

rily

amend-

ed.

2. During the period of operation of this Ordinance, the Merchant

Shipping Act, 1958 (hereinafter referred to as the principal Act),

shall have effect subject to the amendments specified in sections 3 to

40 (both inclusive).

Amend-

ment of

section 3.

3. In section 3 of the principal Act,—

(a) clause (1) shall be re-numbered as clause (1A) and

before the clause as so re-numbered, the following clause shall be

Inserted, namely: —

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

•Up?¹;

(b) after clause (28), the following clause shall be inserted,

namely:—•

'(18A) "international voyage" means a voyage from or

to a port or place in India to or from a port or place outside

India;';

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

namely:—,

'(22A)

"nuclear ship" means a ship provided with a

nuclear power plant;';

(d) in clause (37), for the figures and words "10th day of

June, 1948", the figures and words "17th day of June, 1960" shall

be substituted;

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

ted, namely: —

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

(i) a passenger ship safety certificate,

(ii) a qualified passenger ship safety certificate,

(in) a cargo ship safety construction certificate,

(iv) a qualified cargo ship safety construction cer-

tificate,

(v) a cargo ship safety equipment certificate,

(vi) a qualified cargo ship safety equipment certi>

flcate,

SEC, 1]

TltE GAZETTE OF INDIA EXTRAORDINARY

189

(vii) a cargo ship safety radio telegraphy certificate,

(vili) a cargo ship safety radio telephony certificate,

(ix) an exemption certificate,

(x) a nuclear passenger ship safety certificate,

(ooi) a nuclear cargo ship safety certificate,

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

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

namely:—•

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

ted for the carriage in bulk of liquid cargoes of an inflam-

mable nature;'.

4. In section 9 of the principal Act, after sub-section (I), the fol-

lowing sub-section shall be inserted, namely: —

"(1A)

Without

prejudice

the

provisions

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.".

Amend-

ment of

section 9.

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

(0) for the words and figures "or a safety certificate granted

under Part IX", the words, figures and letter "or a passenger

ship safety certificate granted under Part IX or, as the case may

be, a nuclear passenger ship safety certificate granted under Part

IXA" shall be substituted;

(b) for the words "accept the certificate of survey or safety

certificate", the words "accept the certificate of survey or the

passenger ship safety certificate or, as the case may be, the

nuclear passenger ship safety certificate" shall be substituted.

Amend-

ment of

section

241.

6. In section 242 of the principal Act, in clause (c), for the words

"a safety certificate", the words "a passenger ship safety certificate

or a nuclear passenger ship safety certificate" shall be substituted.

Amend-

ment of

section

242.

7. In section 244 of the principal Act, in the proviso, for the

words "a safety certificate", the words "a passenger ship safety cer-

tificate or a nuclear passenger ship safety certificate" shall be sub-

stitutedj

Amend-

ment ol

section

244.

8. In section 284 of the principal Act, for the words "passenger

ships", wherever they occur, the words "passenger or cargo ships"

shall be substituted.

Amend-

ment of

section

284.

I$0

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Amend-

ment of

section

288.

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

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

namely: —

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

rafts;";

(b) in clauses (i) and (j), for the word "boats", the words

"boats or rafts" shall be substituted.

Amend-

ment of

section

291.

10. In section 291 of the principal Act,—

da) for sub-section (1), the following sub-section shall be

substituted, namely: —

" (I) Kvery Indian passenger ship and every Indian cargo

ship of three hundred tons gross tonnage or more, shall, in

accordance with the rules made under section 296, be 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

sixteen hundred tons gross or more shall be a radio telegraph

installation; and that required to be provided for a ship of less

than sixteen hundred tons gross, other than a passenger ship,",

the words "any cargo ship of sixteen hundred tons gross or more

shall be a radio telegraph installation; and that required to be

provided for a cargo ship of less than sixteen hundred

tons

gross" shall be substituted;

inserted, namely: —

"(3) The Central Government may, having regard to

the length of the voyage or voyages on which a ship or a

class of ships is engaged and the maximum distance such

ship or class of ships will be from the shore during such

voyage or voyages, exempt, by order in writing and subject

to such conditions and restrictions as may be specified 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 be

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

SEC 1]

THE GAZETTE OF INDIA EXTRAORDINARY

igi

condition that she shall have on board a radio telephone

installation:

Provided further that no exemption shall be granted

under this section, if it will have an adverse effect on the

general efficiency of the distress service for the safety of

ships.".

11. Section 292 of the principal Act shall be re-numbered as sub-

section (2) of that section and after the sub-section as so re-number-

ed, the following sub-section shall be inserted, namely: —

" (2) The Central Government may, by order in writing and

subject to such conditions and restrictions as may be specified

therein, exempt any ship under five thousand tons gross tonnage

from the obligation imposed by sub-section (2), if that 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.".

Amend-

ment of

aeotion

292.

12, In section 294 of the principal Act, in sub-sections (1) and

(3), the words "and watchers" shall be omitted.

Amend-

ment oi

section

294.

13. In section 296 of the principal Act,—

(a) in sub-section (1), after the words "radio telephony",

the words "or radio direction finders" shall be inserted;

(b) in sub-section (2), after clause (a), the following clause

shall be inserted, namely: —

"(aa) the nature of radio telegraph installation to be

provided on motor life-boats and survival craft;".

Amend-

ment ol

section

296.

14. In section 297 of the principal Act, for the words "signalling

lamp of the type approved", the words "signalling lamp which shall

not be solely dependent upon the ship's main source of electrical

power and which shall be of the type approved" shall be substituted.

Amend-

ment of

section

297.

15. In section 298 of the principal Act,—

(a) in sub-section (I), 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: —

Amend-

ment of

section

298.

192

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

"(2) The information shall be in such form as may be

approved by the Central Government (which may approve

the provision of the information in the form of a diagram

or drawing only) and shall be suitably amended whenever

any alterations are made to the ship so aa to materially

affect such information.

(2A) The information shall be based on the 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.";

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.

Amend-

ment of

section

299.

16. In section 299 of the principal Act,—

(a) in sub-section (1),—

(i) after the words "radio telephony installation¹',

the words "and radio direction finder" shall be inserted;

(ii) for the words "safety

certificate",

the

words

"passenger ship safety certificate" shall be substituted;

(b) in sub-section (2), for the words "qualified

safety

certificate", the words "qualified passenger ship safety certifi-

cate" shall be substituted.

Insertion

of new

sections

299A

and 29OB.

Safety

construc-

tion

17. In the principal Act, after section 299, the following sections

shall be inserted, namely: —

"299A. (1) Where in respect of any Indian cargo ship of

five hundred tons gross or more the Central Government is

satisfied that the ship has been surveyed in the manner pres-

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THE GAZETTE OF INDIA EXTRAORD1NABY

193

cribed under section 299B and that she complies with the con-

struction rules made under section 284, the Central Government

may issue in respect of the ship—

(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.

certi-

ficates and

construc-

tion certi-

ficates for

cargo

ships.

(2) Where in respect of any such ship as is referred to in

sub-section (1) there is in force an exemption certificate 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.

299B, (1) The Central Government may, subject to the

condition of previous publication, make rules to regulate the

making of surveys of cargo ships under this Part.

(2) In particular, and without prejudice to the generality of

the foregoing power, such rules may provide for all or any of

the following matters, namely: —

(a) the times and places at which, and the manner in

which, surveys are to be made;

(b) the requirements as to construction,

machinery,

equipment and marking of sub-division load-lines which

are to be fulfilled by cargo ships generally or by any class

of cargo ships in particular;

(d) the rates according to which the fees payable In

respect of surveys are to be calculated in the case of all Or

any of the places or ports of survey;

(e) the closing of, and keeping closed, the openings

in ships' hulls and any water-tight bulk-heads;

(f) the securing of, and keeping in place, and the ins-

pection of, contrivances for closing any such openings as

aforesaid;

Power to

make

rules.

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THE GAZETTE OF INDIA EXTRAORDINARY

[PAHT II

(gr) the operation of mechanisms of contrivances for

closing any such openings as aforesaid and the drills in

connection with the operation thereof; and

(h) the entries to-be made in the official log book or

other record to be kept of any of the matters aforesaid.".

Amend-

ment ot

section

300,

18. In se; .ion 300 of the principal Act,—

(a) in sub-section (2),—

(i) for the words "any Indian ship of

five

hundred

tons gross or more, not being a passenger ship,", the words

"any Indian cargo ship of five hundred tons gross or more,"

shall be substituted;

(ii) the words "and radio telegraphy or radio telephony

installation" shall be omitted;

(Hi) in clause (a), for the words "safety equipment

certificate", the words "cargo ship safety equipment certi-

ficate" shall be substituted;

(iv) 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.

Amend-

ment of

section 301.

19. In section 301 of the principal Act,—

(a) for the words "any Indian ship, not being a passenger

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

(b) in clause (a), before the word "safety", at both the places

where it occurs, the words "cargo ship" shall be inserted;

where it occurs, the words "cargo ship" shall be Inserted.

Amend-

ment of

section 303

20. In section 303 of the principal Act,—

(a) in sub-section (1), for the words "safety

equipment

certificate, a qualified safety equipment certificate, an equipment

certificate and a qualified equipment

certificate",

the words

"cargo ship safety equipment certificate, a qualified cargo ship

safety equipment certificate, a cargo ship equipment certificate

and a qualified cargo ship equipment certificate" shall be 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

SEC 1]

THE GAZETTE OF INDIA EXTRAORDINARY

195

ship construction certificate and a qualified cargo ship con-

struction certificate shall be in force for five years from the

date of its issue or for such shorter period as may be specified

in the certificate.

(IB) An exemption certificate issued under section 302

shall be in force for the period for which the certificate to

which it relates remains in force or for such shorter period

as may be specified in the exemption certificate.";

"sub-section (1)", the words, brackets, figures and letters "sub-

section (1), (L4) or (IB)" shall be substituted;

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

substituted, namely: —

" (3) The Central Government or any person authorised

by it in this behalf may grant an extension of any certificate

issued under this Part in respect of an Indian ship—

(a) where the ship is absent from India on the date

when the certificate would, but for the extension, have

expired, for such period not exceeding five months from

the said date as may be sufficient to enable the ship to

return to the port in India at which it is to be surveyed;

(b) in any other case, for a period not exceeding one

month from the said date:

Provided that any extension granted under clause (a)

shall cease to be operative upon the ship's arrival at the port

referred to in that clause:

Provided further that no extension shall be granted

under clause (b) in respect of a certificate extended under

clause (a).".

21. In section 304 of the principal Act, in sub-section (1), for the

words "a safety certificate", the words "a passenger ship safety certi-

ficate" shall be substituted.

Amend-

ment of

section

304.

22. In section 306 of the principal Act,—

(a) in sub-section (I), for the word "registered", the words

"registered or to be registered" shall be substituted;

Amend-

ment of

section

306.

217 G. of I —2.

I 9⁶

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

(b) in sub-section (2), for the words "in respect of an Indian

ship", the words "in respect of a ship registered or to be register-

ed in India" shall be substituted.

Amend-

ment of

section

307.

23. In section 307 of the principal Act,—

(a) in sub-seclion (1), for the words "safety certificate" at

both the places where they occur, the words "passenger ship

safety certificate" shall be substituted;

(b) In sub-section (2),—

(i) for the words "Indian ship, of five hundred tons

gross or more, not being a passenger ship,", the words "Indian

cargo ship of five hundred tons gross or more" shall be 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;

inserted, namely: —

" (2A) No sea-going Indian cargo ship, less than 500 tons

gross but not less than 300 tons gross, shall proceed on a

voyage from any port or place in India to any port or place

outside India unless there is in force in respect of the ship a

cargo ship safety radio telephony certificate issued

under

section 301.";

(d) in sub-section (3),—

(i) for the words "Indian ship of five hundred tons gross

or more, not being a passenger ship/', the words "Indian

cargo ship of five hundred

tons gross or more" shall be

substituted;

(ii) in clause (a), for the words "an equipment certi-

ficate", the words "a cargo ship equipment certificate" shall

be substituted;

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THE GAZETTE OF INDIA EXTRAORDINARY

197

(Hi) 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.

24. In section 308 of the principal Act,—

(a) in sub-section (1), for the words "every ship other than

an Indian ship being a passenger ship or being a ship of five

hundred tons gross or more", the words "every ship, being a

passenger ship or being a cargo ship of three hundred tons gross

or more" shall be substituted;

(b) in sub-section (2), the words "other than

an Indian

ship" shall be omitted;

inserted, namely: —

" (3) Nothing in this section shall apply in respect of an

Indian ship or a nuclear ship,".

Amend-

ment of

section

30B.

25. In section 309 of the principal Act, after the word and figures

"sections 299,", the figures and letter "299A," shall be inserted.

Amend-

ment of

section

309.

26. After section 309 of the principal Act, the following

section

shall be inserted, namely: —

Insertion

of new

section

309A

"309A. Where any survey of a ship for the purpose of

issue under this Part of a safety convention certificate has

been completed, then, notwithstanding anything contained

in this Act, the owner, agent or master of the ship shall not,

until such certificate has been issued, make, or cause to be

made, any alteration in the structural arrangements, 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.".

Alteration

pending

issue of a

safety

oonvention

certificate*

27. In section 331 of the principal Act,—

(a) for sub-section (2), the following sub-section

shall be

substituted, namely: —

" (2) In particular and without prejudice to the generality

of the foregoing power, such rules may provide for the classi-

fication, packing, labelling and marking of such goods or nn.y

Amend-

ment of

section

331/

198

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

class of such goods, stowing of such goods (whether with

or without other cargo) including plans for stowing, the 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 or distress signals or other stores or

equipment required to be carried by the ship under this

Act or the rules or regulations thereunder;

(b) particular cargoes carried in ships specially built

or converted as a whole for that

purpose,

such as

tankers.".

Insertic

of new

section

331A.

28. After section 331 of the principal Act, the following section

shall be inserted, namely: —

Grain-

plan.

"331A. (1) No grain shall be loaded on board any Indian

ship anywhere unless there is in force in respect of such ship

a grain-loading plan approved under sub-section (3) or sub-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 in sub-section

(4),

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 given by the Central

Government.

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199

(5) The Central Government may, at the request of the

Government of a country to which the Safety Convention applies,

approve the grain-loading plan of a ship registered in that 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) It is hereby declared that for the purpose of section 208

(which requires documents relating to navigation to be delivered

by the master of a ship to his successor) the plan shall be deem-

ed to be a document relating to the navigation of the ship.".

29. In section 332 of the principal Act,—

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

shall

be inserted, namely: —

" (2A) Where grain is loaded on board an Indian ship in

accordance with a grain-loading plan approved under section

331A or where grain is loaded on board any other ship in

accordance with a grain-loading plan approved by or on 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

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.";

substituted, namely:—(

"(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

Amend-

ment of

section

332.

200

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

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;

(e) in sub-section (6), for the words "this

section",

the

words, figures and letter "section 331A and this section" shall

be substituted.

Amend-

ment of

section

343.

30. In section 343 of the principal Act, in sub-section (2), for the

words "any ship of less than five hundred tons gross other than a

passenger ship", the words "any cargo ship of less than three hund-

red tons gross" shall be substituted.

Insertion

of new

Part IXA.

31. After Part IX of the principal Act, the following Part shall

be inserted, namely: —

"PART IXA

NUCLEAH SHIPS

Applica-

tion of Act

to nuclear

ships.

344A. (1) This Part applies only 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 leferred

to in sub-clauses (i) to (ix) of clause (38) of

section 3 or, as the case may be, any like valid safety convention

certificate.

(3) The Central Government may, by notification in

the

Official Gazette, direct that any of the provisions of

this Act

(other than the provisions of this Part and the provisions of

section 456) specified in the notification—

(a) shall not apply to nuclear ships; or

(b) shall apply to nuclear ships, only with such 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 are

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

201

in session and it shall not be issued until it has been approved,

whether with or without modification by each House of Parlia-

ment.

344B. (1) If in respect of any Indian nuclear passenger or

cargo ship the Central Government is satisfied that the ship has

been surveyed in accordance with this Act and has been 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—

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

ship safety certificate;

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

safety certificate.

(2) A certificate issued under sub-section (1) shall be in

force for a period of twelve months from the date of issue or for

such shorter period as may be specified in the certificate.

Nuclear

passenger

ship safety

certificates

and.

nuclear

cargo ship

safety

certificates.

344C. (7) No Indian nuclear ship shall proceed on a voyage

from any port or place in India to any port or place outside India

unless there is in force in respect of the ship—

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

a passenger ship;

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

cargo ship.

(2) The master of a ship to which this section applies shall

produce to the customs collector from whom a port clearance for

the ship is demanded the certificate required by sub-section (1)

when the ship proceeds to sea and the port clearance shall not be

granted and the ship may be detained until the said certificate is

so produced,

Prohibi-

tion of

proceeding

to sea

without

certificates

344D. (I) Every Indian nuclear ship shall have on board a

safety assessment and an operating manual in such form and

containing such particulars and approved by such authority as

may be prescribed.

(2) The safety assessment and the operating manual

shall

be prepared, maintained and kept up-to-date in such manner as

may be prescribed.

Safely

assessment

and

operating

manual.

2O2

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Foreign

nuclear

ships to

give

advance

notice of

arrival.

344E. (7) No nuclear ship, other than an Indian ship, shall

enter the territorial waters of India unless the master, owner or

agent thereof has given such advance notice of the ship's intended

arrival in India as may be prescribed, to such authority as may

be specified by the Central Government, and has forwarded along

with the notice a true copy of the ship's safety assessment to

that authority.

(2) If on the examination and evaluation of the ship's safety

assessment the authority referred to in sub-section

(1) is of

opinion that the entry of the ship will involve unreasonable

radiation or other hazards to the crew, passengers, members of

the public, waterways, food or water resources, he may direct

the nuclear ship not to enter the territorial waters of India and

the ship shall comply with such direction.

Control on

arrival o£

nuclear

ships.

344F. (1) The master of every nuclear ship shall, on arrival

at a port in India, give notice of the ship's arrival in the prescribed

form to such authority as the Central Government may specify

in this behalf.

(2) Any person authorised in this behalf (hereinafter re-

ferred to as the authorised person), by general or special order

of the Central Government, may go on board such ship for the

purpose of verifying that she has on board a valid nuclear passen-

ger ship safety certificate orv as the case may be, nuclear cargo

ship safety certificate and for the purpose of satisfying himself

after examining the safety assessment and operating manual and

such other things as he deems fit that there are no unreasonable

radiation or other hazards to the crew, passengers, members of

the public, waterways, food or water resources.

(3) If the authorised person is satisfied after such 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

ships.

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.

SEC. 1]

THE GAZETTE OF INDIA EXTRAORDINARY

203

(2) Where a nuclear ship other than an Indian ship meets

with an accident of the nature specified in sub-section (1) while

she is in the territorial waters of, or at a port in, India, the mister

of the ship shall forthwith give notice of the accident to the offi-

cer or authority specified under clause (a) of sub-section (1).

(3) On receipt of a notice tinder sub-section (7) or sub-

section (2), the officer or authority specified under clauie

(a) of sub-section (7) shall issue such directions as he thinks

necessary and expedient in the circumstances of the case and 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,

(0) The provisions of this section are in addition to and not

In derogation of the provisions of Part XII of this Act.

344H. (1) The provisions of sections 228 to 231 (inclusive)

shall, so far as may be, apply to and in relation to every 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.

(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 tc

a ship surveyed for the purpose of issue of a safety convention.

certificate under Part IX.

AppUca.

tten of

certain

•action* \»

or la rela-

tion to

certain

certi-

ficateg

under ««e-

tion SUB.

3441. (1) The Central Government may, by notification in the

Official Gazette, make ruleR to carry out the purposes of this

Part.

Powtr

to make

rttl«i.

217 G of 1—3.

204

THE GAZETTE OF INDIA EXTRAORDINAEY

[PAHT II

(2) In particular and without prejudice to the generality ol

the foregoing power, such rules may provide for all or any of the

following matters, namely: —

(a) the design, construction and standards of inspection

and assembly of the reactor installations of nuclear ships;

(b) the standards of safety of nuclear ships;

(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) the form of notices under this Part and the time

when such notices should be given;

(gf) the manner in which investigations may be mado

into causes of accidents to a nuclear ship;

(h) the special precautions to be taken against unrea-

sonable radiation or other nuclear hazards to the

crew,

passengers and other persons, to waterways and to food.and

water resources;

(i) the manner in which radio-active waste from nuclear

ships is to be stowed and disposed of;

(j) the manner in which the reactor fuelling, defuelling

and refuelling, and maintenance of nuclear ships are to bo

carried out;

(fc) the special training for and qualifications of, masters

and seamen of nuclear ships;

(I) the special requirements relating to approach, entry

into, stay in or departure from, an Indian port of a nuclear

ship;

(m) the procedure to be followed for determining the

operational conditions of a nuclear ship;

(n) the protection and closure of the reactor installation

of nuclear ships in the case of a collision,

grounding,

fire,

leakage of radio-active material or other accident;

SEC. lj

THE GAZETTE OF INDIA EXTRAORDINARY

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

certificate under this Part;

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

cribed.".

32. In section 354 of the principal Act, after the Words "direct

danger to navigation", the words "or on encountering sub-freezing

air temperatures associated with gale-force winds, causing severe ice

accretions on super-structures or strong gales for which no storm

warning has been received by him" shall be inserted.

Amend-

ment of

section

354.

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

shall be inserted, namely: —

Insertion

of new

section

354A.

"354A, (i) Where an authority prescribed under section 354

receives intelligence from any source of any danger to navigation

mentioned in that section, that authority shall, as soon as possi-

ble, communicate such intelligence to such ships and authorities

as he may deem proper.

(2) The intelligence shall be communicated In such manner

nnd subject to such terms and conditions as may be prescribed:

Provided that no fees shall be levied for communicating

any intelligence under this section to a ship.".

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

shall be inserted, namely: —

Insertion

of new

section

353A,

"355A. (1) The master of every Indian ship shall render

assistance to every person found at sea in danger of being lost,

unless he is unable or, in the special circumstances of the case,

considers that such assistance cannot be rendered without serious

danger to his ship, or the persons thereon.

(2) If the master of an Indian ship is unable or considers it

unreasonable to go to the assistance of a person found at sea in

danger of being lost, the master shall forthwith cause a 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.".

Obligation

to render

assistance

to per-

sons In

danger.

3c6

THE GAZETTE OF INDIA EXTRAOKDINABY

[PAHT it

Amcnd-

m«nt »t

HI.

35. In eection 356 of the principal Act,—

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

namtly: —

" (aa) the manner of communicating intelligence 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;"^

(b) in clause (b), for the words "signals of distress and of

urgency", the words "signals of distress, urgency and of safety"

shall be substituted;

the

words "radio telegraphy or telephony" shall be substituted.

Am«nd-

mmA of

•Milon

411.

36. Hn section 436 of the principal Act, in sub-section (2), in the

tablt,-^

(a) in item 97,—

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

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

(ii) in the third column, the brackjets and figure "(1)"

shall be omitted;

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

namtly:—i

Seriil

N».

"9SA

Offencei

If the owner, agent or master

falls to comply with section

309A.

Section of

this

Act

which

offence has

reference

309A

Penalties

Fine which may extend to

five hundred rupees."

namtly: —

Serial

No.

"X05A

Offences

If tha owner, agent or master

faili to comply with sub-

section (J) of section 331A.

Section

this Act to

which

of-

fence has

reference

331A

Penalties

Fine which may exttnd ta » M

thousand rupees. *;

Sfcc 1]

THE GAZETTE OP INDIA EXTRAORDINARY

2o7

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

namely: —'•

Serial

No.

"108A

108B

108C

108D

io8£

Offences

If an Indian nuclear ship pro-

ceeds or attempts to proceed

to sea in contravention of

sub-section (1) of section

344C.

If an Indian nuclear ship

fails to comply with sub-

Bcction(i) of section 3 44D.

If a nuclear ship other than an

Indian ship enters the terri-

torial

waters

India

in contravention of section

344E.

If the master of a nuclear ship

fails to give the notice re-

quired by sub-section (J) of

section 344F.

(a) If the master of a nuclear

ship fails to give the notice

required by sub-section (J)

or sub-section (a) or sub-

section (5) of section 344G;

(6) if the master of a nuclear

ship fails to comply with

any directions issued under

sub-section (j) or sub-sec-

tion (5) of section 344G.

Section of

this Act

to which

offence has

reference

344C

344D

344E

344F

344G (l),

(3) and (5)

344G (3)

and (j)

Penalties

The master or owner shall be

liable to fine which may

extend to ten

thousand

rupees.

The master or owner or agent

shall be liable to Imprison-

ment

which may extend

to six months, or fine which

may extend to ten thousand

rupees, or both.

The master shall be liable

to fine which may extend

to ten thousand rupees.

Fine which mey extend to"e

thousand rupees.

Imprisonment

which may

extend to one year, or fine

which may extend to ten

thousand rupees, or both;

Imprisonment

which

may

extend to one year, or fine

which

may extend to ten

thousand rupeesj or both.";

(e) after item 115, the following item shall be inaertetL

namely:—

Serial

No.

"115A

Offences

If a master fails to comply with

section 355A.

Section of

this Act

to which

offence has

reference

355A

Penalties

Imprisonment which may ex-

tend to six months or fine

which

may extend to one

thousand rupee* or both.".

208

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II

Insertion

of new

section

454A.

37. After section 454 of the principal Act, the following section

shall be inserted, namely: —

Power to

prescribe

alternative

fittings,

etc.

"454A. Where this Act requires that a particular

fitting,

material, appliance or apparatus or any type thereof

shall be

fitted or provided for In a ship or that any particular provision

shall be made in a ship, the Central Government after 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.".

Amend-

ment of

section

456.

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

following proviso shall be added, namely: —

"Provided that no exemption which is prohibited by the

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

Amend-

ment of

section

468.

39. In section 458 of the principal Act,—

(a) in sub-section (2), in clause (a), for the word and

figures "section 331", the words, figures and letter "section 331 or

section 3441" shall be substituted;

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

substituted, namely:—|

"(3) Every rule or regulation made under this

Act

shall be laid as soon as may be after it is made before each

House of Parliament while it is in session for a total period

of thirty days which may be comprised in one session or in

two successive sessions, and if before the expiry of the session

In which it is so laid or the session immediately following,

both Houses agree in making any modification In the rule or

the regulation, or both Houses agree that the rule or 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.".

SEC 1]

THE GAZETTE OF INDIA EXTRAORDINARY

205

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

lowing section shall be inserted, namely: —

"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.".

Insertion

of new

section

480A.

Removal

difficulties

41. Notwithstanding the retrospective operation of this Ordinance,

no contravention of, or no failure to comply with, any of the

provisions of the principal Act as amended by this Ordinance shall

render any person guilty of any offence if such contravention or

failure—

(i) relates either to any provision inserted in the principal

Act by this Ordinance or to any existing provision thereof as

amended by this Ordinance, and

(ii) occurred on or after the 28th day of May, 1966 and before

the date of publication of this Ordinance in the Official Gazette,

Certain

contra-

ventions,

etc., not

to be

offences.

S. RADHAKRISHNAN,

President.

S. P. SEN-VARMA,

Secy, to the Govt, of India,

PRINTED IN INDIA BY THE C1ENERAL MANAGER,

GOVERNMENT OF

INDIA

PRESS,

JVIINTO ROAD, NEW DELIJI AND PUBLISHED BY THE MANAGER Of

PUBLICATIONS,

DELHI, 195?.