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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.

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: —

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 Short title and com- mence- ment. May, 1966.

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).

Act 44 of 1958 to be tempora- rily amend- ed.

3. In section 3 of 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 •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,

(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: —

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.".

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

Amend- ment of section 241.

(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.

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.

Amend- ment ol section 244.

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

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.

9. 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) and (j), for the word "boats", the words "boats or rafts" shall be substituted.

10. In section 291 of the principal Act,—

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

Amend- ment of section 291.

" (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;

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

"(3) The Central Government may, having regard to the length of the voyage or voyages on which a ship or a class of ships is engaged and the maximum distance such ship or class of ships will be from the shore during such voyage or voyages, exempt, by order in writing and subject to such conditions and restrictions as may be specified 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

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: —

Amend- ment of aeotion 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 (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.".

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;

Amend- ment ol section 296.

(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 of section 297.

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.

15. In section 298 of the principal Act,—

Amend- ment of section 298.

(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: —

"(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.";

(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.

16. In section 299 of the principal Act,—

(a) in sub-section (1),—

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

Amend-

ment of

section

299.

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.

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

Insertion

of new

sections

299A

and 29OB.

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 been surveyed in the manner pres-

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—

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 (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.

Power to make rules. 299B, (1) The Central Government may, subject to the condition of previous publication, make rules to regulate the making of surveys of cargo ships under this Part.

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

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

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

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

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

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

(f) the securing of, and keeping in place, and the ins- pection of, contrivances for closing any such openings as aforesaid;

(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.".

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

(a) in sub-section (2),—

Amend- ment ot 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;

(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.

19. In section 301 of the principal Act,—

Amend- ment of section 301.

(a) for the words "any Indian ship, not being a passenger ship,", the words "any Indian cargo ship" shall be substituted;

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

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

20. 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 "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 the date of its issue or for such shorter period as may be specified in the certificate.

(IB) An exemption certificate issued under section 302 shall be in force for the period for which the certificate to which it relates remains in force or for such shorter period as may be specified in the exemption certificate.";

(c) in sub-section (2), for the word, brackets and figure "sub-section (1)", the words, brackets, figures and letters "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.

(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.

23. In section 307 of the principal Act,—

Amend- ment of section 307.

(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;

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

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

(d) in sub-section (3),—

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

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

(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,—

Amend- ment of section 30B.

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

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

ship" shall be omitted;

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

inserted, namely: —

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

Indian ship or a nuclear ship,".

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

Alteration pending issue of a safety oonvention 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 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.".

27. 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 goods or nn.y

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.".

28. After section 331 of the principal Act, the following section shall be inserted, namely: —

Insertic of new section 331A.

Grain- loading 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.

(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: —

Amend- ment of section 332.

" (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

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

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

"(4) Any person authorised in this behalf, by general or special order of the Central Government may, for 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;

i

(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.

31. 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 Act 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

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—

Nuclear passenger ship safety certificates and. nuclear cargo ship safety certificates.

(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.

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 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,

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.

Safely assessment and operating 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. (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.

(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.

AppUca. tten of certain •action* \" or la rela- tion to certain certi- ficateg under ""e- tion SUB.

(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.

Powtr to make rttl"i.

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

217 G of 1—3.

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

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

(b) the standards of safety of nuclear ships;

(c) the manner of survey of nuclear ships;

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

(e) the form and manner in which the safety 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;

(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.".

Amend- ment of section 354.

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.

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.

Obligation to render assistance to per- sons In danger.

(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.".

35. In eection 356 of the principal Act,—

Amcnd-

m"nt "t

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

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;

(c) in clause (d), for the words "radio telegraphy", the words "radio telegraphy or telephony" shall be substituted.

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

Am"nd-

mmA of

•Milon

411.

(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

Penalties

Offencei

Seriil N".

Section of this Act to which offence has reference

Fine which may extend to

309A

"9SA

five hundred rupees."

If the owner, agent or master falls to comply with section 309A.

(c) after item 105, the following item shall b" in"rt"d, namtly: —

Penalties

Offences

Serial No.

Section of this Act to which of- fence has reference

331A

Fine which may exttnd ta "M "X05A

thousand rupees. *;

If tha owner, agent or master faili to comply with sub- section ( J) of section 331A.

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

namely: —'•

Offences

Penalties

Serial No.

Section of this Act to which offence has reference

"108A

344C

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

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

108B

344D

If an Indian nuclear ship fails to comply with sub- Bcction(i) of section 3 44D.

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

344E

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 344E.

108D

Fine which mey extend to"e

344F

thousand rupees.

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

io8£

344G (l),

(3) and (5)

Imprisonment which may extend to one year, or fine which may extend to ten thousand rupees, or both;

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

344G (3)

and (j)

Imprisonment which may extend to one year, or fine which may extend to ten thousand rupeesj or both.";

(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.

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

namely:—

Offences I

Penalties

Serial No.

Section of this Act to which offence has reference

If a master fails to comply with

"115A

355A

section 355A.

Imprisonment which may ex- tend to six months or fine which may extend to one thousand rupee* or both.".

37. 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.".

38. 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.".

39. In section 458 of the principal Act,—

Amend- ment of section 468.

(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.".

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

lowing section shall be inserted, namely: —

Insertion of new section 480A.

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.".

Certain contra- ventions, etc., not to be offences.

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,

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?.