REGISTERED No. D. (D.)-72
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 377] NEW DELHI, SATURDAY, DECEMBER 30, 1978/PAUSA 9, 1900
Separate paging is given to this Part in order that it may be filed as a separate compilation
ORDER
Ordered that a copy of this notification be communicated to the Private and Military/Secretaries to the President, Prime Minister's Secretariat, Cabinet Secretariat, the Planning Com' mission and the Ministries of the Government of India as well as the State Governments.
2. Ordered also that the notification be published in the
Gazette of India for general information.
[No. 27-IWT(l) /78-P&W (i)]
MINISTRY OF SHIPPING & TRANSPORT
(Inland Water Transport Directorate)
NOTIFICATIONS
New Delhi, the 29th December, 1978
G.S.R. 600 (E)—In exercise of the powers conferred by sub-section (2) of section 1 of the Inland Steam Vessels (Amendment) Act, 1977 (35 of 1977), the Central Govern- ment hereby appoints the 1st day of January, 1979 as the date on which section 26 of the said Act shall come into force.
1005 GI/78—1
(1211)
121? THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] 1213 1214 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)] 1215 1216 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(ijJ 1217 1218 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)l 1218/1G.S.R. 601 (E).—Whereas n draft of the Mechanically Propelled Inland Vessels (Third Party Insurance) Rules, 1978, was published as required by section 74 of the Inland Vessels Act, 1917 (1 of 1917), in pages 917 to 923 of the Gazette of India, Extraordinary, Part Il-Seetion 3(i), dated the 9th October, 1978, under the notification of the Government of India in the Ministry of Shipping and Transport No. G.S.R. 495(E), dated the 6th October, 1978, inviting objections and suggestions from all the persons likely to be affected thereby before the expiry of the period of forlyiive days from the date of publication of the said notification in the Official Gazette ;
And whereas the copies of the Gazette were made available
to the public on the 9th October, 1978 ;
And whereas no objections or suggestions have been received from the public in respect of the said draft by the Central Government before the expiry of the aforesaid period ;
Now, therefore, in exercise of the powers conferred by Section 111 of the Motor Vehicles,' Act, 1939 (4 of 1939), read with section 54C of the Inland Vessels Act, 1917 (1 of 1917), the Central Government hereby makes the following rules, namely :—
PART I
1, Short title, extent and commencement.—(1) These rules may be called the Mechanically Propelled ]nland Vessels (Third Party Insurance) Rules, 1978.
(2) They extent to the whole of India except, the State
of Jammu and Kashmli.
(3) They shall come into force on the 1st January, 1979.
2. Definitions.—In these rules, unless the context otherwise
requires,—
(i) "accounting year" means the year commencing on the first day of April, and ending with the 31st day of March of the following year ;
(ii) "Act" means the Inland Vessels Act, 1917 (1 of
1917) ;
(iii) "Authority" means the Central Government or a State Government or any local authority or any State Water Transport Undertaking providing inland water transport service, where such Undertakins is carried on by—
(i) the Central Government or a State Government,
or
(ii) any local authority or any corporation or com- pany owned by the Central Government or one or more Slate Governments or by the Central Government and one or more State Governments whose mechanically propelled vessels have been exempted from a policy insurance under sub- section (3) of section 94 of the Motor Vehicles Act, 1939 (4 of 1939) ;
(iv) "Dank" means a company which accepts, for the purpose of lending or investment, deposits of money from the public repayable on demand or otherwise, and withdrawable by cheque, draft, order or other- wise ;
O) "Fund" means the fund established under rule 15;
(vl) "Government security" means a Government security as defined in the Public Debt Act. 1944 (18 of 1944) ;
(vii) "insurer" means an authorised insurer as defined in . clause (a) of section 93 of the Motor Vehicles Act,
1939 (4 of 1939) ;
(viii) "policy" means a policy of insurance In respect of third party risks, arising out of the use of mechani- cally propelled vessels which complies with the requirements of Chapter VIA of the Act, and Includes a cover note.
3. Certificate of insurance..—An insurer shall issue to every holder of u policy, other than a cover note issued by the- insurer—
(a) in the case of a policy relatinc to n specified vessel or to specified vessels a certificate of insurance in
1005 GI/78- 2
Form A set out in the Schedule to the:.e rules in respect of each such vessel,
(b) m the case of a policy not relating to any specified vessel or vessels such number of certificates in Form A set out in the Schedule LO lhe^c rules as may be necessary, so as to ensure compliance with the requirements of section 106 of the Motor Vehicles Act, 1939 (4 of 1939) and of these rules as to the production of evidence that a mechanically pro- pelled vessel ii not being operated in contravention of section 94 of the Motor Vehicles Act, iy39 (4 of 1939).
4. Cover note.— (1) I:.very policy in the form of a covtr note issued by an insurer shall be in Form B set out in the Schedule to these rules.
(2) A cover note referred to in sub-rule (I) shall be valid for a period of fifteen days from the date of its issue. If, for any rcawn, the insurer is not able to issue a policy during that period, the validity of the cover note shall be extended for a further period of fifteen days at a time but in no case the total period of validity of a cover note shall exceed two months.
5. Issue of certificates and cover notes.—(1) Every certi- ficate of insurance or cover note issued by an insuv" in compliance with these rules shall be duly authenticated by oi on behalf of the insurer by whom it is issued.
(2) The certificate of insurance aforesaid shall be issued'—
(a) in case of policies which are in force on the 1st
January, 1979 on or before that date,
(b) in any other case on or before Ihe dale on which
the policy is issued or renewed.
6. Hxclusion of advertising mailer.—No certificate of in- surance or cover note issued in pursuance of Chapter Vl-A of the Act and of these rules shall contain any advertises matter cither on the face or on the back thereof :
Provided that the name and address of the insurer by whom a certificate is issued, or a reproduction of the seal of the insurer, or any monogram or similar device of the insurer or the name and address of an insurance agent or broker shall not be deemed to be advertising matter for the purposes of this rule if it is printed or stamped rit the feet or on the back of such certificate or cover note,
7. Certificate or cover notes lost, destroyed or mutilated.— (1) Notwithstanding anything contained in sub-rule (2) of rule 5, where the holder of a policy—
(a) lodges with an insurer a declaration in which he declares that a certificate of insurance or cover nole issued to him by such insurer has been lost or des- troyed and sets out full particulars of the circum- stances connected with the loss or destruction of the certificate or cover note and the efforts made to find it; or
(b) returns to the insurer the certificate of insurance or cover note issued to him by such insurer in a defaced or mutilated condition ; and
(c) pays to the insurer a fee of Rs. 3 in respect of
each such certificate or cover note ;
the insurer shall, if reasonably satisfied (hat such certificate or cover note has been lost and that all reasonable efforts have been made to find it out. or that it has been destroyed or is defaced or mutilated, as the case may be, issuo in lieu thereof another certificate of insurance or cover note which shall be plainly endorsed lo the effect that it is a duplicate certificate or cover note, as (he case may be. issued in place of the original.
(2) When a fresh certificate or cover note has been issued in accordance with the provisions of sub-rule (1) on repre- sentation thai a certificate or cover note has been lost, and the original certificate or cover note is afterwards foumK it shall be delivered to (he Insurer.
8; Surrender of certificate or cover note.--Every certificate of insurance or cover note surrendered to the insurer in pur- suance of the provisions of sub-section (I) of section 104 of the Motor Vehicles Act, 1939 (4 of 1939) shall be defaced or destroyed by the insurer forthwith after making a record
1218/2 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II—SEC. 3(i)]of such defacement or destruction in the records maintained in pursuance of rule 10 ol these rules.
9. Cancellation or suspension of certificate or cover note.— When a policy of insurance or cover note is cancelled or suspended by an insurer, the insurer shall forthwith inform the policy holder of such cancellation or suspension, by post to the latest address of the policy holder recorded in the records of the insurer,
10. Records to be maintained by insurer.-—Every insurer shall keep a record of the following particulars in respect of every policy issued by him which is in force and of every other policy issued by him during the preceding five years :—
(i) Full name and address of the person to whom the
policy is issued.
(ii) In the case of a policy relating to a specified mechanically propelled vessel or vessels, the regis- tration mark and the number of each such vessels and in other cases description of the vessels covered.
(iii) The date on which the policy comes, or came into
force and ihe date on which it expires or expired.
(iv) The conditions subject to which the persons or classes of persons specified in the policy will be indemnified.
(v) The number and date of issue of every certificate of insurance or cover note issued in connection with the policy.
(vi) The date, if any, on which any certificate of insu- rance or cover note issued in connection with the policy wa:j surrendered or cancelled.
(vii) The date, if any, on which, and the reasons for which, the policy was terminated or suspended by any means before its expiry by efflux of time.
11. Exemption.—(1) In the case of a mechanically propelled vessel owned by any of the authorities specified in sub-section (2), or exempted under sub-section (3), of section 94 of :*. Motor Vehicles Act, 1939 (4 of 1939). a certificate in Form C set out in the Schedule to these rules signed by LI person authorised in that behalf by such authority may be produced in evidence that the mechanically propelled vessel is not being operated in contravention of section 94 of the Motor Vehicles Act, 1939 (4 of 19391.
(2) Any certificate issued in accordance with sub-rule (I) ol this rule shall be destroyed by the person by whom it was issued before the mechanically propelled vessel to which it relates Is sold or otherwise disposed off.
12. Records of exempted vessels.—Every authority,, referred to in sub-section (2) or sub-section (3), of section 94 of the Motor Vehicles Act, 1939 (4 of 1939) shall keep a record of the mechanically propelled vessels owned by it in respect of which a policy has not been obtained, and of any, certificates issued by it under these provisions in respect of such vessels and of the names and addresses of the person to whom such certificates have been issued by it, and of the withdrawal or destruction of any such certificates.
13. Supply of information.—Any person, authority or insurer required by these rules to keep records of documents shall furnish without charjje to the Central Government or a State Government or to any police officer authorised in this behalf by the State Government on request any particular thereof.
14. Fee for production of information,—The fee to be paid in return for the production of information by a Registering Authority or the officer in-chargc of a police station under section 109 of the Motor Vehicles Act, 1939 (4 of 1939) shall be Re. 1.
PART II
Establishment of fund by authorities.
15. Establishment of the Fund.—The Authority may at any time establish a Fund for meeting any liability arising out of the use of any mechanically propelled vessel of that Authority which that Authority or any person in its employ- ment may incur to third parties including liability arising under the Workmen's Compensation Act, 1923 (8 of 1923).
16. Amount of the Fund.—(1) The Fund shall be estab- lished with an initial amount of not less than rupees five lakhs. The amount shall be kept in deposit with the bank..
(2) Subject to the provisions of sub-rule (3), the Authority Khali pay into the Fund at the beginning of each accounting year in respect of its mechanically propelled vessels in a running condition, a sum of Rs. 500 per vessel.
Explanation.—In this sub-rule "mechanically propelled vessel in a running condition" shall mean all the mechanically propelled vessels of the authority which arc expected to bo in operation at any time during the accounting year.
(3) When the Fund exceeds rupees sixty lakhs or Rs. 7500 per mechanically propelled vessel for the entire fleet of mechanically propelled vessels whichever is less, the annual payment referred to in sub-rule (2) shall cease provided that if thereafter the amount at the credit of the Fund falls below rupees sixty lakhs or Rs. 7500 per mechanically propelled vessel for (he entire fleet of Inland Vessels whichever is less, such annual payment shall again be resumed.
17. Investment of the Fund,-—From the amount at the credit of the Fund the Authority shall keep and maintain a cash deposit of not less than rupees two lakhs and fifty thousand in the Bank, The rest of the amount at the credit of the Fund shall be invested in Government securities.
18. Securities held as deposit in the Fund/—(1) All Govern, ment securities hi which the Fund is invested shall be trans- ferred to the Bank by the Authority.
(2) It shall be competent for the Authority at any timt to exchange the Government securities for cash or for other Government securities of equal or greater market value, or both, and the bank shall carry out the instructions issued bv the Authority for such exchange after charging the usual commission to the Authority, The securities so exchanged shall also be transferred to the Bank,
19. Deposits procedure.—(1) As soon as the Fund is estab- lished the Bank shall send to the Authority a statement specifying the assets held by it on behalf of the Authority and shall also send a copy thereof to the Central Govern- ment in the Ministry of Shipping and Transport (Inland Watei Hansport Directorate) or the Slate Government concerned, aa the case may be.
(2) The statement referred to in sub-rule (1) shall l)t sent in the same manner and to the same authoeitiesi when- ever theee is a change in the assets of the Authority held by the Bank.
20. Interest on deposit in the Fund.-—Interest realised on each deposits or the securities held in the Fund shall be paid by the Bank to the Authority.
21. Withdrawal from the Fund.—(1) No amount shall be withdrawn from the Fund except for the purpose of meeting any liability arising out of the use of any mechanciallv Dro- pelled vessels of the Authority which the Authority or any person in the employment of the Authority may incur to tht third parties including liability arising under the Workmen'* Compensation Act, 1923 (8 of 1923).
(2) The Authority shall, subject to such conditions and restrictions as it may impose in this behalf, authorise one of its officers to draw monies from the Fund for the purpose mentioned in sub-rule (1).
(3) A copy of the authorisation referred to in sub-rule (2) duly authenticated by a competent officer of the Authority shall be sent to the Bank which shall permit withdrawals only by the officer named In such authorisation subject to the conditions and restrictions contained therein.
22. Settlement of claims procedure,—The Authority shall comply with such directions as the Central Government or the State Government concerned, as the case may be, may from time to time issue, with respect to the procedure to be followed for settlement of claims which are to be met out of the Fund.
PART II CO-OPERATIVES INSURANCE
23. Definitions.—In this Part of these rules,—
fi) "approved securities" means approved securities as defined in sub-section (3) of section 2 of the Insu- rance Act, 1938 (4 of 1938);
1218/3(ii) "Controller of Insurance" means the person for the time being performing the functions of the Con- troller of Insurance under the provisions of the Insurance Act, 1938 (4 of 1938) ;
(iii) "holding authority" means in relation to a society the authority in whose custody the fund established under clause (a) of sub-section (1) of section 108 of the Motor Vehicles Act. 1939 (4 of 19391
(iv) "Society" mcHns a society of mechanically propelled vessel owners which has been permitted under the provisions of sub-section (1) of section 108 of the. Motor Vehicles Act, 1939 (4 of 1939) to transact the business of an insurer for the purposes of the Act.
24. Co-operative Insurance Fund.—The fund required tu be established in terms of clause (a) of sub-section (1) of section 108 of the Motor Vehicles Act, 1939 (4 of 1939) shall be held in the form of a deposit made either in cash or in approved securities or partly in cash and partly in approved securities and the amount of approved securities sn held shall be estimated at the market value of the securities on the date of the deposit :
Provided that where a deposit held under the Insurance Act, 1938, is transferred lo the holding authority in pur- suance of rule 31 of the these rules, the date of the deposit shall, In the case of approved securities so transferred, be deemed to be the date of such transfer.
25. Deposits-Procedure.—(1) Deposits shall be sent by the
stociety with n covering letter to the holding authority.
(2) Securities shall be duly transferred to the holding
authority by the society.
(3) Upon receipt of a deposit under sub-rule (1) of this
rule, the holding authority shall send—
(a) a certificate in Form D to the society;
(b) a statt-nent in Form E to such officer as may be
specified by the State Government :
Provided that, if the holding authority is not satisfied as to the validity of the title of the society to the securities, he may return them to (ho society with the request that they shall first ne renewed or that such other measures an may be necessary shall be taken to clear the title.
(4) The deposit made in cash shall be held by the holding authority to the credit of the society and shall except to the extent, if any, (o which the cash has been invested in secu- rities under sub-rule (6) of this rule be returnable to the society in cash in any case in which under the provision of the Act or of these rules the fund is to be returned.
(5) The society may at any time replace any sceuriti^ deposited by it under these rules with the holding authority eirier by cash or by other approved securities, or partly b* cash and partly by other approved securities.
Provided that such cash, or the value of such other ap- proved securities estimated at the market rates prevailing at the time of replacement, or such cash together with such value as the case may be, is not less than the value of the securities replaced estimated at the market rates prevailing when they were deposited,
(6) The holding authority shall, if so requested by the
society,—
(a) sell any securities deposited by it with the holding authority under these rules and hold the cash realised by such sale as deposit, or
(b) Invest in approved securities specified by the society the whole or any part of a deposit held by the holding authority in cash or the whole or any pan of the cash received by him on the sale of or on the maturing of the securities deposited by the society and hold the securities in which investment Is so made as deposit and may charge the normal commission on such sale or on such investment.
(7) Where sub-rule (6) of this rule applies :—(a) if the cash realised by the sale of, or on the maturing of the securities (excluding in the former case the interest acquired) falls short of the market value of the securities at the date on which they were deposited with the holding authority the society shall make good the deficiency by a further deposit either in cash or in approved securities estimated at the market value of the securities on the date on which they arc deposited, or partly in cash and partly in approved securities so estimated within a period of two months from the date on which the securities matured or were sold, and unless it does so the society shall be deemed to have failed to comply with the condition imposed under clause (a) of sub-section (1) of section 108 of the Motor Vehicles Act, 1939 (4 of 1939) ; and
(b) if the cash realised by the sale of or on the maturing o[ the securities (excluding in the former case the interest accrued) exceeds the market value of the securities at the dale on which thoy were deposited with the holding authority, the State Government may, if satisfied that the full amount required to be deposited under clause (a) of sub-section (1) of section 108 of. the Motor Vehicles Act, 1939 (4 of 1939) is in deposit, direct the holdinc uuthoritv to return the excess.
26. Interest on securities held as deposit.—-(1) No interest
shall be paid on cash deposits.
(2) Any interest accruing due and collected on securities deposited under clause (a) of sub-section (1) of sectioti 108 of the Motor Vehicles Act, 1939 (4 of 1939) and these rules shall be paid to the society subject only to deduction of the normal commission chargeable for the realization of interest.
(3) The holding authority shall remit interest or dividends on securities without delay to the society by a Government or bank draft after deduction of a commission of twenty five paise on every sum of Rs. 100 or part (hereof.
27. Matured securities held as a deposit.—(1) When a security in deposit matures or when any yield on such a security ceases to accrue, the holding authority shall not be Dound to lnlorm the society but upon receipt of a requisition from the society made In writing the holding authority shall, within six weeks of such a receipt, collect the discharge value .'•nd hold (he amount in cash to the credit of the society or invest it in securities specified by the society.
(2) When the form or amount of a deposit is changed by leason of a subsequent deposit or a substitution or a payment under sub-rule (5) of rule 18, or a sale or investment under sub-rule (6) of rule 18 of these rules, the holding authority shall, within two weeks from the entry of such change in the books of the holding authority, send a fresh certificate and a fresh statement of the nature and in the manner, des- cribed in sub-rule (3) of rule 25 of these rules.
28. Payments from deposits.—(1) Withdrawals and pay- ments from deposits and purchases of securities shall not be made save on the order of the State Government made in writing, and save on the receipt by the holding authority cf a requisition in writing and in accordance with the provisions of the Act and of these rules from the society, a liquidator acting in accordance with law, or a court of competent jurisdiction, as the case may be.
(2) The holding authority shall not be bound in pursuance of sub-rule (1) to return securities actually deposited, but may substitute therefor new script of securities of the same description and amount.
(3) The holding authority shall be entitled to charge, for the purchase or sale of securities, any brokerage payable by the holding authority in respect of such purchase or sale.
29. Inspection of deposits.—Any officer authorised in this behalf by the State Government shall be entitled, free of any fee, to inspect or to require from the holding authority any information relating to any security deposited with the holding authority in terms of clause (a) of sub-section (1) of section 108 of the Motor Vehicles Act, 1939 (4 of 1939) and of these rules; and the holding authority shall if so required, furnish such officer with a copy of any entry in any register or book maintained by the holding authority relating to any deposit made with him in pursuance of the Act and of these rules.
30. Information to the Reserve Bank.—Where a society, to which permission is granted under sub-section (1) of sec- tion 108 of the Motor Vehicles Act, 1939 (4 of 1939) to transact the business of an insurer for the purposes of the Act as if it were an authorised insurer, is registered under the Insurance Act, 1938 at the time of the grant of such per- mission, the State Government shall intimate the grant of such permission, to the Reserve Bank of India and shall also
l 2 |8 /4 THE GAZETTE OF JND1A : EXTRAORDINARY [PART II—SEC. 3(i)]intimate to that Hank nil Ihc conditions imposed by the State Government relating to the establishment of the fund referred to in CUUI.-JC (aj of sub-section (1) of section 108 of the Motor Vehicles Acl, 1939 (4 of 1939) in relation to such socie'y.
31. Transfer of deposit from Reserve Bank. -(.1) A society as aforesaid shall apply in writing to the Reserve Bank of India for the transfer of the deposit made under section 7 or section 98 of. the Insurance Act. 1938, held by the Reserve Bank to the holding i.ii'hority and such application shall be duly authenticated and accompanied by the order in original of the Slate Government granting the society permission under sub-seclion (1) of section 108 of the Motor Vehicle;; Act, 1939 (4 of 1939) and containing the conditions, if any im- posed by the Stale Government under clause (a) of sub-section (1) of section 108 of the Motor Vehicles Act, 1939 (4 of 1939) and un attested copy of such application and ilsi enclosures shall also be sent to Ihe Controller of Insurance.
(2) Tf from ihe application so made Ihe Reserve Bank is
satisfied that the society has been granted permission by the State Government under sub-section (1) of section 108 of the Molor Vehicles Act. 1939 (4 of 1939) the Reserve Bank shall transfer the deposit held by it. under section 7 or section 98 of the Insurance Act, 1938 on behalf of the society to the holding auhority .uibject to such conditions, if any, as niay have beeen imposed by the Slate Government,
32. Information to the Controller of Insurance.—A State Government shall inlimate to the Controller of Insurance every case of permission granted by il to a society to transact the buuiness of an insurer for the purposes of the Act, and every case where such permission has been withdrawn or can- celled, and in every case where such permission has been granted, the State Government shall also furnish to the Con- troller of Insurance a copy of the documents referred to in clauses (a), (b) and (f) of sub-section (2) of section 3 and the particulars referred to in section 26 of the Insurance Act, 1938, in relation to such society so far "s is applicable to such society :
Provided that i;i the case of societies which, at the Lime of grant of the permission by the State Government, have been registered under the Insurance Act, 1938 it shall be sufficient compliance with the requirements of this rule if the State Government furnishes to the Controller of Insurance the particulars referred to in section 26 of the Insurance Acl, 1938, in respect of every alteration taking place after the date on which permission is granted to the society by the State. Government.
33. Failure of a Society to comply with the provisions of the Act.—The Controller of Insurance shall intimate to the Slate Government concerned every case in which, from a perusal of the relurivp furnished to him by a society, he is of the opinion ih.il Ihe society has failed to comply with the requirements of cilhei sub-clause li) or sub-clause (ii) of clause (f) of sub-section (1) of action 108 of the Motor Vehi- cles Acl, 1939 (4 of 1939) or both.
PART-1V FOREIGN INSURANCE
34. Definitions.—In this Part of these rules—
(i) "approved list" means the list, of foreign insurers and their guarantors maintained by the Central Gov- ernment under these rules ;
(ii) "certiflcaje of foreign insurance" means a certificate issued by a foreign insurer in Form 'G' in compliance with there rules ;
(iii) "foreign insuitr1' means a person or firm carrying on business of insurance incorporated or domiciled outside India, and not registered under the Insurance Act, 1.938 ;
(iv) "guarantor" means an insurer who has guaranteed a foreign insurer in pursuance of these rules, and "guarantee", "guaranteed" and "guaranteeing" shall be construed accordingly ;
rules, together with the name of the guarantor or guarantors" in each case and shall also publish any addition to or removal frQrn- the approved list.
(2) No foreign insurer's name shall be added to the approv- ed litrt iin'il such foreign insurer has been guaranteed by at least one insurer and the name of the foreign insurer who ceases to have at le;:st one guarantor shall be removed from Ihe list.
36. Guarantor ot lcrelgn insurer.—(1) An insurei who ac- s'ires to guarantee a foreign insurer shall make application therefor to the Central Government in Form F set out in the Schedule to these rules,
(2) The Central Government may, if it is satisfied that the application referred to in sub-rule (1) is in order and that it is expedient that the foreign insurer be placed in Ihe approved litrt, or where the name of the foreign insurer is already included in the approved list, that the insurer should be added to the approved list as a guarantor of the foreign insurer, the name of the foreign insurer shall be added to the approved list if it is not already included, and the insurer be included as a guarantor of Much foreign insurer.
(3) A guarantor desiring to cease guaranteeing a foreign insurer shall give notice of not less than two months to the Central Government in Form I set out in the Schedule to lh"se rules, and where such notice hag been given the gua- rantor shall be deemed to have ceased to guarantee Ihe foreign insurer from the date specified in the notice ;
Provided that ihe insurer shall be deemed, in respect of all certificates of foreign insurance endorsed or renewed in accordance with ihc provisions of sub-rule (2) of rule 37 of these rules before the date of such cessation, to continue as the guarantor of the foreign insurer who haw issued Ihe cenificiitc as if the guarantor had not ceased to be his guarantor.
(4) If at any ti^c a guarantor ceases to be an insurer, the Central Government may, after giving such notice as may appear to il to l:e necessary, remove from the approved list the name of such guarantor wherever it appears :
Provided that the guarantor who ceases to be an insurer
shall be deemed ; in respect of all certificates of foreign insu- rance endorsed in puisuance of the provisions of sub-rule (2) of rule 37 of the'je rules before the date of removal of the name of Ihe guarantor from the approved list, to continue as the guarantor of the foreign insurer as if the guarantor had not ceased to be an insurer and as il his name had not been removed from the list.
37. Endorsement of certificate of foreign insurance.—(1) A visitor wishing ki have a certificate of foreign insurance endorsed or re-endorsed fhall produce such certificate in Form G set out in the Schedule to these rules before the Customs Controller at a post of entry of customs post or to such o'her oflkenp as the Central Government may by notification in the Official Gazette appoint, for the purpose of endorsement in accordance with the provisions of these rules or for the purpose of the renewal of any endorsement, already made on the cerlificale in accordance with these rnles.
<2) Such officer shall, if satisfied that the certificate of foreign
insurance complies with the requirements of these rules that the period of validity of such certificate in India had not expired, that the certificate has been issued by a foreign insurer in the approved list and that the guarantor specified in the certificate is shown in the approved list as a guarantor of Ihe foreign insurer, make an endorsement thereon in form H set out in the schedule to these rules.
(3) The period of validity of an endorsement or of the renewal of an endorsement made as aforesaid shall not in any case be extended Ivyond Ihe date on which the certificate of foreign insurance censes to be effective in India ; provided that when a visitor obtains a fresh certificate of foreiqn insurance during the period of his stay in India, the period of validity of an endorsement made upon it added to the period of vali- dity of an endorsement or endorsements that may have been made upon the original certificate, shall not exceed one year in all.
1218/5and to comply with the requirements of Chapter VIA of the Act.
39. Maintenance of records by the guarantor.—Every gua- rantor shall, in lespect of certificates of foreign insurance issued under his guarantee by the foreign insurer whom he has/ guaranteed, nnd every person who has ceased to be a guarantor shall, in respect of the certificates of foreign insu- rance issued under his guarantee by the foreign insurers whom he had guaranteed at any time in the preceding five years, keep a record of su^h particulars relating to the policies in connection with which the certificates of foreign insurance were issued as are required to be kept by insurers under the provisions of rule 11 of these rules in respect of policies, and the- necessary additions to these records required to make them up-to-date shall be made as soon as is reasonably possi- ble in the circumstances.
THE SCHEDULE
The period of validity of this cover note which expired on is further extended upto
(Authorised Insurer)
Th; period of validity of this cover note which expired o n . . .. is extended upto
(Authorised insurer)
FORM C
(INDIA)
Uland Vsisjls Act, 1917 (I of 1917)
(See rule 11)
Certified that the mechanically propelled vessels of the follow-
ing description—
FORM A (INDIA)
Inland Vessels Act, 1917 (1 of 1917)
Certificate of Insurance
(See rule 3)
Certificate No Policy No (Optional)
1. Registration mark and num- ber, or description, of the mechanically propelled ve- ssels insured.
2. Name and address of insured. 3. Effective date of commence- ment of insurance for the purpose of the Act.
4. Dat" of expiry of insurance. 5. Persons or classes of per- sons entitled to navigate.
6. Limitations as to us".
I/Wo hereby certify that the policy to which this certificate relates as well as this certificate of Insurance are Issued in accor- dinzi with the provisions of Chapter Vill of the Motor Vehicles Act, 1939 (4 of 1939).
(Authorised Insurer) (India)
FORM B
Inland Vessels Act, 1917 (I of 1917) (INDIA)
Cover Note (See rule 4)
1. Registration mark and number, or description, of the vessels insured
2. Name and address of insured
3. Effective date of commence- ment of insurance for the purpose of the Act
4. Date of expiry of insurance 5. Persons or classes of persons enti-
tled to navigate
6. Limitation as to use .
The period of validity of this cover note will expire on .
(Authorised Insurer)
The period of validity of this cover note which expired on
is further extended upto
(Authorised Insurer)
The period of validity of this cover note which expired on , , ..
is further extended upto
(Authorised Insurer)
1005 GI/78—3
(a) Registration number
(b) Manufactured by
(c) Class, i.e., Tug, Steamer, launch, self propelled barge Dredger Ferry Vessel or car- go vessels or other class (to be described)
(d) Specification.
Marine powcr-LOA.BOA-Draft
Carrying capacity—
(e) Colour of body is the property
of—
(i) the Government
(ii) the local authority/State Inland Water Transport the mechani- Undertaking, namely cally propelled vessels of which have been exempted under section 94(3) of the Motor Vehicles Act, 1939 (4 of 1939) by the Government of by their Order No
dated
This certificate is valid upto unless cancelled in the meantime.
Dated
Signed on behalf of Designation:
FORM D
Inland Vessels Act, 1917 (1 of 1917)
(See rule 25)
No.
Certified that
has made the
uridsniDtod dopoiits under clause (a) of sub-section (1) of sec- tion 108 of the Motor Vehicles Act, 1939 (4 of 1939) and the Inland Vessels (Third Party Insurance) Rules, 1978.
(Holding Authority)
Approved Securities
Cash
Remarks
Loan Face Volue Market Value
3
4
5
2
6 1
Total
Grand total of Columns 2 and 5 Rs
1218/6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SECFORM E
Inland Vessels Act, 1917 (1 of 1917)
(See rule 25)
No.
19
Statement showing the particulars of deposits held on behalf of the under clause (a) of sub-section (1) of sectiou 108 of the Motor Vehicles Act, 1939 (4 of 1939).
Total Loan
New deposit Received on
Existing doposits (excluding deposits withdrawn)
Book Value
Faco Value
Book Value
Face Value Face Value
Book Value
Total
Cash
Grand Total
Certified that the above agrees with the entries in the books
maintained by
(the Holding Authority)
(Holding Authority)
FORM F
[Sec rule 36(1)]
Inland Vessels Act, 1917 ( I of 1917)
Application for the approval of a foreign insurer
I/We hereby apply for the inclusion of
(name of foreign insurer) of constituted/ Incorporated/Domiciled at in the approved list maintained by the Central Government in pursuance of the Inland Vessels (Third Party Insurance) Rules, 1978, and for the inclusion of my/our name as the guarantor of the said (name of foreign insurer) for the purposes
of Chapter VIA of the Tnland Vessels Act, 1917 (1 of 1917) and the said Rules. I/We hereby certify that I/We have entered into an agreement for the purposes of the said Act and the said rules with the said foreign insurer and I/We hereby agree to act as guarantor in (ndia in respect of the said foreign insurer for the purposes of the said Act and the said rules.
(Signature of Authorised Insurer)
Address
Dated, the 19
FORM G
(See rule 37)
Inland Vessels Act, 1917 (1 of 1917)
Certificate of Foreign Insurance
Certificate No Policy No (Optional)
1. Name and address of approved
foreign insurer.
2. Name and address of guarantor.
3. Registration mark and number of
the mechanically propelled vessel.
4. Name and address of visitor.
5. Date of commencement of the
policy.
6. Date of expiry of the policy.
7. Persons or classes of persons enti-
tled to navigate in India.
8. Any limitations as to use in India.
9. Particulars of any other vessel(s) which the foreign visitor is enti- tled to operate in India and of any limitations in this connection.
I/We hereby certify that this certificate of foreign insurance has been issued in accordance with the provisions of Chapter VIA of the Inland Vessels Act, 1917 (1 of 1917) and the Inland Vessels (Third Party Insurance) Rules, 1978.
(Approved Foreign Insurer) (India)
FORM H
(Ss" rule 37) Inland Vessels Act, 1917 (1 of 1917)
Endorsement on certificate of foreign insurance
Certified that I have today examined this certificate of foreign insurance and that I am satisfied that this certificate complies with the requirements of Chapter VIA of the Inland Vessels Act, 1917(1 of 1917) and thelnland Vessels (Third Party Insu- rance) Rules, 1978.
The pjriod of validity of this endorsement will expire on
unless cancelled in the meanwhile.
Date
(Signature and Designation of Competent Authority) The period of validity of this endorsement is hereby renewed.
Upto Upto Upto unless cancelled in the meanwhile.
(Signature and Designation of Competent Authority)
FORM I
(Sec rule 36(3)]
Inland Vessels Act, 1917 (1 of 1917)
This is to given notice that I/we desire to cease acting as gua-
rantors in India of , of
(name of foreign insurer)
(Address of foreign insurer) after., or from the expiry of two months from the date on which this notice is delivered to the Central Government, which- ever is later, for the purposes of Chapter VIA of the Inland Vessels Act, 1917 (1 of 1917) and the Inland Vessels (Third Party Insurance) Rules, 1978. Dated th" 29th day of December, 1978.
(Authorised Insurer) [File No. 27-IWT(l)/78-P&W (Ii)] B.B. MAHAJAN, Joint Secy.
PRINTED BY THE MANAGER, COVT. OF INDIA PRESS, RINO ROAD, NEW DELHI-110064 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1979
- ' means a person bringing a mechanically pro- pelled vc-stjcl into India and making only a temporary stay therein not extending to a continuous period of more than one year. 38. Validity of certificate of foreign insurance.—A certi- ficate of foreign insurance carrying an endorsement in accord- ance with the provisions of rule 37 shall have effect nsi if it were a certificate of insurance issued by the guarantor specified in it and shall be deemed to comply with the requirements of Chanter VIA of ihc Act: and the policy to which it relates shall also be deemed to have been issued by such guarantor 35. List of foreign insurers,—(1) The Central Government shall publish in ihe Official Gazelle an approved list of foreign insurers who have been guaranteed in accordance with these ↩